May an employer satisfy its ADA obligation to provide reasonable accommodation for an employee with occupational injury by placement in a workers' compensation vocational rehabilitation program?


May an employer satisfy its ADA obligation to provide reasonable accommodation for an employee with occupational injury by placement in a workers' compensation vocational rehabilitation program? No. An employer cannot substitute vocational rehabilitation services in place of a reasonable accommodation required by the ADA for an employee with a disability-related occupational injury. An employee's rights under the ADA are separate from his/her entitlements under a workers' compensation law. The ADA requires employers to accommodate an employee in his/her current position through job restructuring or some other modification, absent undue hardship. If it would impose an undue hardship to accommodate an employee in his/her current position, then the ADA requires that an employer reassign the employee to a vacant position s/he can perform, absent undue hardship.





PEO7.com 23945 Calabasas Rd. Suite 106, Calabasas, CA 91302 818-222-4572 cs@peo7.com
SiteMap | PEO | Exploring the Possibilities | What is Employee Leasing | Why use a Peo | Free Advice | Benefits to Employees
Responsibilities of PEO | Benefit Package | HR Management | Pre-Employment Screening | The Issue of Control
Future of PEO | Request For Proposal (RFP) Contact Us | Peo Resources | Terms of Service | FAQ