Resolving disputes under the Americans with Disabilities Act. A case example of an employee with a back impairment.

Abstract

To illustrate the importance of proactive medical professional participation in Americans with Disabilities Act reasonable accommodation cases, this article describes the use of alternative dispute resolution techniques to resolve a case involving a blue collar employee with a work-related lower back injury. The problems in accommodating employees with back and spine injuries are being experienced by many employers. To date, the largest number of discrimination claims filed with the Equal Employment Opportunity Commission under the Americans with Disabilities Act involve individuals with back and spine impairments. This article identifies eight decision-points in the Americans with Disabilities Act accommodation process that are relevant to employers, persons with disabilities, medical professionals, union representatives, and legal counsel.