University’s good-faith interactive process scores win in ADA battle

We receive many questions about the Americans with Disabilities Act (ADA) because it requires a case-by-case determination and sometimes requires that disabled employees receive special assistance. The ADA is a law of preferential treatment, so its application often goes against HR instincts to treat everyone the same. It requires that employers engage in good-faith discussions with employees to try to find reasonable accommodations if assistance will help them perform job duties (also known as the “interactive process”). The case study below shows how this process works.

Facts

Jessica Ehlers held a customer service position for the University of Minnesota in the health service department. Her job consisted of answering customer questions and resolving customer service issues by phone, in person, and email. During her employment, she was diagnosed with temporomandibular joint syndrome (TMJ), a condition that can affect the jaw by causing popping, muscular dysfunction, pain, and difficulty speaking.

After her diagnosis, Ehlers asked for a six-week leave of absence and accommodations when she returned, including a reduced schedule and leave for check-ups and flare-ups, which the university granted.