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An Agency publishes a process for reasonable accommodation.

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

An Agency publishes a process for reasonable accommodation. It says in part first there must be notification of the presence of a disability, then there must be an interactive process to determine how to accommodate it, and for record keeping purposes the employee must file a 373 DM 15 that basically describes the disability and suggests accommodation. In this case the Agency denies the requested accommodation, offers an ineffective substitute, does not enter into the interactive process and does not have the employee fill out the 373 DM 15. My question is: If the Agency did not follow its own regulations for reasonable accommodation and did not complete the process, did a reasonable accommodation occur?

 

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State/Country relating to question: Nevada

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Have done extensive research on the Internet.

Submitted: 283 days and 1 hours ago.
Category: Employment Law
Value: $25
Status: CLOSED

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Expert:  JD 1992 replied 283 days ago.

The fact that they didn't follow their own procedures does not automatically mean there was not a reasonable accommodation. It could be evidence that they didn't truly try to accommodate the disability but it is not dispositive on its own.


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Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 97.0 %
Accepts: 2094
Answered: 7/1/2012

Experience: Employment Law Expert

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