Legal Question in Disability Law in West Virginia
Adapting a job discription
Employee working for Behavioral Health Agency in a residential for mentally disabled persons attempting to learn and live independently. He has a degenerative eye condition and over the five years he has been employed his sight is failing to a point he will run into persons and also is unable to complete documentation neccessary for job. As a Supervisor what is my obligation to this employee to accomadate him on the job to comply with the law? (ADA) Without sight. How? The young man seems to be in a denial of his condition.
1 Answer from Attorneys
Re: Adapting a job description
An employee must be able to perform the ESSENTIAL FUNCTIONS of the job.
If there is no job for which the employee can perform the essential functions,
then you and the agency are off the hook.
There are companies which specialize in
performing analyses not only of a candidate's
potential for a job but also the jobs available
which may fit the candidate's abilities.
You are not obligated to retain such a company,
but you might want to speak to one of those companies. Usually the insurance companies hire them to determine x, y, and z in these handicap cases.
Surely your agency would have a list containing the names of these companies. If it weren't almost 2 o'clock in the morning and my head hadn't shut down, I'd think of what these companies are called. On the tip of my tongue. Ask your agency's attorneys, he/she/they will know.
Barbara C. Johnson
Law Office of Barbara C. Johnson
6 Appletree Lane
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