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Failure to disclose disability dooms employee’s accommodation request

August 2023 employment law letter
Authors: 
Jodi R. Bohr, Tiffany & Bosco, P.A.

The Americans with Disabilities Act (ADA) requires employers to provide qualified individuals with a disability with a reasonable accommodation, but only after the disability is made known or at the very least, the interactive process is triggered by the employee. Discharging an individual because of a disability or failing to accommodate an individual’s known disability is a violation of the ADA.

But when is the requirement for employers to engage in the interactive process triggered? Just what information is sufficient to put an employer on notice that an employee has a disability and needs a reasonable accommodation?

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