Some employers frown on employees sitting down at work, citing concerns over professionalism, safety, and feasibility. However, providing reasonable accommodations for disabled employees may require amending your policy on sitting on the job.
Constangy partner Robin Shea recently spoke to the Society for Human Resource Management (SHRM) on the challenges employers face when determining whether to grant seating accommodations and the importance of addressing these requests carefully.
Robin provided valuable insight into the complexities of this issue, noting that while seating may be feasible in some environments, it could pose hazards in others. “Obstruction could be a real concern in a manufacturing environment, where there may be not only employees, but also motorized equipment like forklifts and pallet jacks needing to pass through,” she explains.
Robin also addressed the concern that allowing some employees to sit while at work may open the floodgates for more requests. "Most people understandably would prefer to be seated for at least part of the workday,” she says. “So, I suspect that many employers fear that if they provide seating as an accommodation to one employee, suddenly everyone else will be bringing doctors’ notes saying that they should have seating, too.” However, the anticipation of more requests should not deter employers from providing reasonable accommodations for employees that need them, which may be required under laws like the ADA and the Pregnancy Workers Fairness Act.
Read the full article on the SHRM website.
Robin Shea is a partner at Constangy's Winston-Salem office with more than 30 years of experience in employment law. She provides expert guidance to organizations on compliance with federal and state employment laws, including Title VII, ADA, ADEA, FMLA, and EPA. Robin represents clients in litigation and before government agencies, while also offering training to HR professionals, management, and employees. Additionally, she serves as the editor-in-chief of Constangy's legal bulletins and oversees several of the firm's blogs, including Affirmative Action Alert, California Snapshot, Cyber Advisor, and Employment & Labor Insider.