JAMES M. OWEN, Complainant

AMERICAN PACKAGING COMPANY, Respondent

An Administrative Law Judge for the Equal Rights Division of the Department of Industry, Labor and Human Relations issued a decision in the above-captioned matter on August 31, 1990. Complainant filed a timely petition for review by the Commission.

Based upon a review of the record in its entirety, the Labor and Industry Review Commission issues the following:

The decision of the Administrative Law Judge (copy attached) is affirmed and shall stand as the FINAL ORDER herein.

Dated and mailed February 1, 1991.

/s/ Kevin C. Potter, Chairman

/s/ Carl W. Thompson, Commissioner

/s/ Pamela I. Anderson, Commissioner

In this case the Respondent adequately attempted to accommodate Complainant's handicap by offering to arrange with a safety shoe manufacturer for the special adaptation of a safety shoe for the Complainant. In addition, Respondent offered to pay for such shoes. Complainant refused to cooperate with Respondent's offer and failed to follow through by furnishing his orthotic device for the shoe manufacturer's view. If an employer offers an accommodation which effectively eliminates the conflict between the handicapped employe's abilities and the job requirements, and which reasonably preserves the affected employe's employment status, the accommodation requirement has been satisfied.

115 / A

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