Spring 2008
Prevent Claims! News
News you can use to prevent & resolve lawsuits.
In This Issue
Burrito - The Club-Footed Polo Pony
Accommodate Disabilities When Necessary
Using Leave Time to Accommodate Disabilities
Woman Writing
Braille
Woman Writing Braille

Burrito
Burrito
Photo courtesy of  the National Museum of Polo and Hall of Fame
Reasonable Accommodations
Creating Accessibility

Restructuring Jobs

Modifying Schedules

Providing Unpaid Leave

Reassigning to a Vacancy

Acquiring Special Devices

Modifying Exams or Training Materials

Providing Readers or Interpreters

Quick Links
It's spring -- enjoy!
Spring Tulips

Greetings!

The moral of the club-footed polo pony offers a lesson in preventing disability discrimination lawsuits caused by an employer regarding an employee as disabled when the employee is not.  Burrito was a polo pony with an unusually big heart and one club foot.  Read on to learn the cautionary tale of not judging a book -- or one heck of a polo pony -- by its cover!

Cordially,

Beville

Prevent Claims, LLC
Preventing & resolving legal claims.
610.647.4439


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Burrito - The Club-Footed Polo Pony
                      with a big heart!

Fred Fortugno, who is well known in the polo world for his sportsmanship and encouragement, tells the story best.  Once he had the chance to buy a polo pony called Burrito who had a club foot.  The vet who checked out the prospective purchase, recommended against the deal -- given the polo pony's decided "disadvantage," and the likelihood he would come up lame.

Others were not so daunted, and Burrito played for some of the greatest polo players in the sport.  This 'blindingly fast' black bullet won numerous Best Playing Pony awards including several in top international matches.  Polo legend Memo Gracida called him "one of the top ten polo ponies in the world."
 
In 2007, Fred Fortugno won the Iglehart Award and was inducted into the United States Polo Association's Hall of Fame.  The next inductee?  It was Burrito, the club-footed polo pony, who was inducted as one of polo's "Horses to Remember."

The moral of the story is do not regard as disabled someone who simply appears to have a disability.  If you make an employment decision on this basis, you could be discriminating against a top performer for the job!
 
Accommodate Disabilities
When Necessary

Reasonableness is Key

Accessible Entrance
If an employee has a disability and needs to be accommodated, do so!  Bear in mind, that the accommodation need only be reasonable, not an undue hardship on the employer.  Undue hardship factors in significant difficulties or expense as gauged against a company's size or financial wherewithal.

Remember, employers need not lower their quality standards to accommodate disabilities.  They also are not required to provide personal items like glasses or hearing aids.
 
For a list of easily achieved accommodations, see our sidebar at left.
 
Using Leave Time to
Accommodate Disabilities

One way to accommodate a qualified employee who has a disability is to provide them leave time under the Americans with Disabilities Act (ADA) and/or the Family Medical Leave Act (FMLA).  If the employee has a serious health condition due to illness, injury, impairment or a physical or mental condition, they may be eligible for short term, long term, hourly, or intermittent leave. 

Remember that while these laws sometimes overlap, employees are sometimes covered under the FMLA, but not the ADA since their health condition may not amount to a disability under the ADA.  Consult your local lawyer for case by case determinations.
 
Click on the links to the left for more information on both the ADA and the FMLA.
 
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