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Contingent Workers

Accommodation and Compliance Series: Contingent Workers

Introduction

Many employers use temp agencies or staffing firms to provide workers to meet temporary or seasonal labor needs. When one of these workers has a disability and needs an accommodation, the employer and the temp agency/staffing firm must decide who is responsible for providing the accommodation. The answer depends on whether the worker is an “employee” as defined under federal law. It is possible that a worker could be an employee of both the employer and the temp agency/staffing firm. The following publications provide information to help make this determination:

Situations and Solutions:

The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible.

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