YourABA June 2012 Masthead

Law firm best practices for diversity inclusion (cont'd)

The need for training was emphasized by panelist Jane Kow, owner of HR Law Consultants. Kow urged employers to have an "interactive dialogue" with the employee to determine appropriate accommodations. In doing so, the employer should focus on gathering information about work-related limitations, and should not "play doctor and try to diagnose the employee's condition. "  

The interactive process, continued Kow, should include an analysis and documentation of all essential job functions; identification and documentation of a range of accommodations that would allow an employee to perform all essential job functions; assessment of whether proposed accommodations are reasonable and effective; consideration for employee preference of accommodations and implementation of accommodations that are effective and reasonable; and follow-up to ensure accommodations are effective and that the employee does not suffer adverse consequences, such as retaliation, for requesting accommodations.

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