Representation Update: Know your Rights

Have you developed a medical condition for which your doctor has told you that although you can return to work you cannot perform all your duties, or can only work part time in your recovery? Call CAPE for help!

Pursuant to the Americans with Disabilities Act (ADA) and Fair Employment and Housing Act, and through the Interactive Process, the County is obligated to make reasonable efforts to provide appropriate accommodations. If one accommodation does not work, the County must seek another until it’s clear that there is no workable accommodation available.

The Process is ongoing, reviewed every 90 days. Pertinent information must be shared. Where information needed in deciding appropriate accommodation is such that only one party could provide it, that party must do so.

The Equal Employment Opportunity Commission (EEOC) has an ADA Compliance Unit which investigates employee claims of management failing to comply with its “reasonable efforts” obligation, or allegations of County retaliation against an employee for requesting an accommodation.

The Process can be emotionally challenging. Your needs and the County’s may conflict. Management may cite “essential job functions”, claiming that you could not perform them in denying accommodation. You may challenge this claim with “competent evidence contradicting Management’s claim”. Management may not like this Process, but their obligation to comply is clear. It’s the law.

CAPE can support you through this process, but only if you call us, as soon as the need is anticipated, prior to or shortly after returning to work.