SLIDE 4 9/27/2016 4
Tom, Questions
- Was Tom a qualified employee under the ADA at the end of his
employment?
- Could Tom be reasonably accommodated at the end of
his employment, without undue hardship?
- What should CSA have done with respect to the interactive process
when Tom requested an additional accommodation at the end of his employment?
has an employer provided enough reasonable accommodation?
- What if Tom applied for Social Security Disability benefits after his
employment ended? Can he still claim he is a qualified employee able to complete his job?
Hypothetical Three - John
- John applies as a part-time care giver for Acme Group Homes, a
residential facility caring for individuals with physical and intellectual disabilities
- The job requires the ability to physically lift, transfer, bath, and
ambulate residents, but no lifting requirement is set out in the advertising or in any job description
- The application form requests workers’ compensation and disability
information for the applicant, which John answers with information about his PTSD, scars, and SSDI benefits
- John is offered the job, and on his first day of work completes a
health history, which requests information on medications that would limit his physical ability to complete the job or safely care for the residents, or whether he has a communicable disease, and John answers “no” to these questions
Hypothetical Three - John
- A month later, John takes a random drug test, which shows positive
for a series of drugs including OxyContin
- Acme requests additional information, and John provides several
prescription bottles
- Because the OxyContin is not among the prescriptions John brought
in, Acme requests a list of all medications he is taking and the reason he is taking them
- John’s medical provider writes a note that verifies he takes
OxyContin for chronic knee pain, a condition he did not disclose on the health screen. However, there remained confusion about the prescription for OxyContin, which was written by an ER doctor
- John is discharged for making false statements on his application,
for failing to provide a valid prescription for the OxyContin, for failing to disclose a knee injury that might limit his ability to perform his job, and for failure to disclose prescriptions that might impair his ability to care for the residents
