Affiliations: Burton Blatt Institute (BBI), Syracuse, NY, USA | Occupational Therapy, Social Welfare & Health
Studies, University of Haifa, Israel | Syracuse University, Syracuse, NY, USA
Note: [] Address for correspondence: Naomi Schreuer, Burton Blatt
Institute: Centers of Innovation on Disability at Syracuse University, 900 S.
Crouse Ave., Crouse-Hinds Hall Suite 300, Syracuse, NY, 13244, USA. Tel.: +1
315 443 8351; E-mail: schreuernaomi@gmail.com or schreurnaomi@bbi.syr.edu
Abstract: Employers are required under the Americans with Disabilities Act to
provide qualified individuals with disabilities workplace accommodations if
needed to enable their performance of essential job functions, maintain
successful employment, and effectively contribute to the workforce and society.
The Equal Employment Opportunity Commission and many federal courts recommend
an "interactive process" between the employee and employer, to facilitate
effective accommodations. Research demonstrates, however, that often the
parties to the process are uncertain of their roles and responsibilities.
Similarly, court decisions have not uniformly clarified the specific
requirements of the interactive process or alternate best practices to achieve
an effective outcome. This article asserts that an occupational therapist with
special training in ergonomics may make a significant contribution to
identifying and implementing effective workplace accommodations, by mediating
the interactive process between employer and employee. This unique role is
illuminated by examination of the occupational therapist's professional
expertise implementing a successful accommodation (case study) contrasted with
an unsuccessful accommodation process that required litigation to resolve.
Furthermore, we discuss the role of legal mediation principles in the
occupational therapist's practice, suggesting ways to improve accommodation
outcomes and avoid litigation. Recommendations for future research and practice
are presented.
