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Labor Law

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(A) According to Dana Shilling in her book "The Complete Guide to Human Resources and the Law", if an individual is qualified to perform essential job functions except for limitations that result from a disability, an employer must consider whether the individual could perform these essential functions with reasonable accommodation. An employer may select the most qualified applicant for a position and make decisions based on factors unrelated to the existence of a disability. Similarly, an employer is not required to retain someone who is not qualified to perform their job even if that person has a disability. The key to the legality of an employer's actions and decisions is a concept called reasonable accommodation. A reasonable accommodation s any modification in a job or work environment or employment rules that would allow an otherwise qualified applicant with a disability to enjoy equal employment opportunities including employment, promotions, raises, educational opportunities, business travel.

According to Shilling, this requirement or obligation to offer reasonable accommodations is an ongoing responsibility any may occur at any time. Federal law governing disability discrimination does not require an employer to make any modification that would fundamentally alter the essential job function of the position. The term reasonable accommodation includes a variety of steps employers can take including:

. . .
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Approximate Word count = 894
Approximate Pages = 4 (250 words per page)

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