Society For Human Resource Management (SHRM) Certified Professional Practice Exam

What action should be taken if a court declares that Brian's employer discriminated against him under the ADA?

1. The work position he had should be removed

2. He should be rehired and have his schedule organized based on his physical needs

3. Pay for Brian's therapy sessions

4. Allow for new terms in the attendance policy

The correct answer is: Allow for new terms in the attendance policy

In cases of discrimination under the Americans with Disabilities Act (ADA), it is essential to focus on reasonable accommodations that allow the employee to perform their job effectively while addressing their specific needs due to their disability. Allowing for new terms in the attendance policy demonstrates a commitment to creating a more inclusive work environment that accommodates the limitations of the individual, in this case, Brian. Such adjustments may involve flexibility in attendance requirements, ensuring that Brian's needs are met while also considering the operational needs of the employer. By modifying the attendance policy, the employer is not only complying with the court's ruling but also fostering a workplace culture that recognizes and respects the rights of employees with disabilities. This approach is more aligned with the principles of the ADA, which seeks to balance the needs of employees to participate fully in the workforce with the operational realities of the employer, allowing for necessary adjustments without penalizing the employee for their disability.