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Resolutions & Amendments

39th International Convention - Boston, MA (2010)

The ADA and Reasonable Accommodation

Resolution No. 74
39th International Convention
Boston Covention & Exhibition Center
June 28 - July 2, 2010
Boston, MA

WHEREAS:

Workers with health issues may be dependent on receiving reasonable accommodation(s) in order to keep their jobs; and

WHEREAS:
Employers, in general, would rather not have to take on the added work and potential expense of providing reasonable accommodations for workers, especially workers in unskilled or semi-skilled jobs; and

WHEREAS:
The Americans with Disabilities Act (ADA) leaves the final determination of reasonable accommodation with the disabled worker’s immediate supervisor, who in most cases:
1. has no training or experience with the accommodation of disabilities,
2. has every interest in avoiding any extra work that might be involved in providing an accommodation, and
3. has a desire to meet the bosses expectations by responding negatively to the question of reasonable accommodation.

THEREFORE BE IT RESOLVED:
That AFSCME be proactive in changing this process so that trained worker’s advocates, independent of the employer, are involved in deciding reasonable accommodation for workers whose jobs depend on reasonable accommodation; and

BE IT FURTHER RESOLVED:
That AFSCME explore the possibility of trained union provided advocates for workers facing reasonable accommodation issues.
 
 
SUBMITTED BY: 
Stephen Fitze, President and Delegate
Mary Leikvold, Vice President and Delegate
AFSCME Local 1164, Council 5
Minnesota