When considering accommodations requested by an employee due to a disability, employers sometimes fail to think through the long-term effects of such changes. In many cases, the accommodation request is permanent, meaning that the employee and his or her doctor do not believe that the medical condition will improve to the point where the measures are no longer necessary. This means that the accommodation can be in place for years or even decades.
What happens when the job tasks required of the employee change due to technology, business circumstances, or other reasons not related to the disability? For example, artificial intelligence is expected to disrupt a number of occupations over the next decade, altering the way in which employees work and complete their duties. Can employers end or modify accommodations that have been in place for long periods of time without violating the employee’s rights under the Americans with Disabilities Act?
Federal courts and the Equal Employment Opportunity Commission have been consistent in recognizing that workplace accommodations are not set in stone. If the job duties change over time due to business circumstances, employers have the right to revisit measures previously put into place to assist the employee with performing essential job functions. If those accommodations are no longer effective or now present an undue hardship to the company, they can be modified or ended.
In these circumstances, employers need to reopen the interactive accommodation process to determine whether there are alternative measures that can be implemented. Requesting updated medical information from the employee’s provider and drafting new job descriptions can assist with this process. In some cases, employees react poorly to learning that accommodations that have been in place for years are being revisited. In addition to explaining the reasons for the changes, when accommodations are first approved, employers should communicate that they are not permanent in nature and may be revisited based on future business circumstances.
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