Regarding the litigation filed against SHRM by Fiona Torres: the facts of this case matter, and SHRM stands by them. When Ms. Torres requested an accommodation, SHRM did not say no; we followed proper procedure. SHRM tried to understand Ms. Torres' need for the accommodation and what reasonable accommodations were available that could permit her to perform the essential functions of the role she would be hired to fill. To that end, SHRM asked her to consult her own physician about whether alternative accommodations existed. This was a genuine good-faith attempt to find a mutually agreeable solution through an interactive process — and indeed an acceptance of her disability.
The ADA does not entitle any candidate or employee to his or her preferred accommodation, and participation in an accommodation process does not guarantee control over its outcome.
SHRM remains fully committed to fair, respectful, and legally compliant accommodation processes — for this applicant and for every employee. We are confident that a full examination of the facts will bear out that SHRM acted appropriately at every step, and we will continue to defend that position through the litigation process.
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