In the News: Robin Shea Explains Why an Exterminator's Failure-to-Accommodate Case Is Headed to a Jury for HR.com

Constangy attorney and chief legal editor Robin Shea authored an article for HR.com's HR Legal & Compliance Excellence magazine discussing a recent Fourth Circuit decision in Ibrahima Dieng v. Orkin LLC. The court found that the employer's (Orkin) offer of indefinite extended leave did not satisfy its reasonable accommodation obligations under the Americans with Disabilities Act (ADA). As a result, employers cannot treat extended leave as the default solution when an employee with a disability asks to return to work in a different role. 

Robin outlined five ways the employer arguably went wrong, including unresponsive management, failing to consider reassignment to vacant positions, not following the EEOC's reasonable accommodation priority, not engaging in the ADA interactive process and not securing a release of all claims when settling the employee’s workers' compensation case. Employers often overlook the ADA when an injury is covered by workers' compensation, and "light duty" requests may need to be treated as requests for reassignment. 

Robin shared practical lessons for employers, including checking for suitable vacant positions before relying on leave and coordinating with employment counsel, HR, risk management and workers' compensation carriers. 

"In short, medical leave is the second-to-last resort before termination," said Robin. "Many employers fail to realize that even in workers' compensation cases, they need to keep the ADA in mind and consider reasonable accommodations." 

To view the full article, click here.