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vickyp
Keymaster
Post count: 4923

Your duty to accommodate definitely looks as if it has been significantly exhausted.

Under accommodation laws, the employee also has to be willing to, at the very least, attempt to meet some of the changes/modifications proposed.

It would appear that you are willing to absorb the additional costs, and have already. It would also appear that you are willing to transition the employee to a role that would meet these new physical limitations. Lastly, it would also appear that you are willing to invest in the employee to have them meet the new computer skills that would be necessary to work in the newly implemented systems.

The employee in question has been unwilling to accept the new reality. It would appear they want to do everything that was their old job, just none of the physical part – so half the job for all the pay.

I assume that in all this time, the employee has and will not have any significant change in compensation.

Based on all of these facts, as you have presented them, it would seem that you have a very strong case for termination of employment and have met the conditions of accommodation.

However, we would recommend that you approach the employee saying this is what you are able to offer, that you believe you have and would be meeting the duty to accommodate, and that any further changes would put undue hardship on the business.