What are the responsibilities of an employer when an employee announces a medical condition but does not specifically ask for an accommodation?
The U.S. District Court for the Eastern District of Pennsylvania helped clarify this question in Thomas v. Bala Nursing & Retirement Center, Civ. Action No. 11-5771, 2012 U.S. Dist. LEXIS 91920 (July 3, 2012). The case makes clear that employers need to take initiative to follow up with employees who inform their supervisors of medical conditions that could be affecting their work, even if it is only affecting their ability to get to work on time. The lack of an interactive process with the employee about the possibility of a reasonable accommodation can be sufficient for the employee to avoid summary judgment.
