Under the Americans With Disabilities Act (ADA), employers are required to provide a reasonable accommodation to otherwise qualified disabled applicants and employees to give them the same opportunity for employment, job performance, and access to all the privileges and benefits afforded nondisabled applicants and employees.
An accommodation is a modification to the application process, the workplace, the job, or the way things are normally done that would allow a disabled applicant access to consideration for employment or would allow an otherwise qualified disabled employee to perform the essential functions of the job and enjoy all the benefits and privileges of nondisabled employees.
Some examples of accommodation are adding ramps and making furniture accessible by wheelchair, providing assistance to a blind applicant in filling out an application, adding amplification devices to phones of hearing impaired employees, and modifying a work schedule to allow a disabled employee to receive medical treatments related to the disability.
Before an employer is obligated to provide an accommodation to an applicant or employee, the employer must know of the need for accommodation. Generally, it is the responsibility of the employee or applicant to notify the employer of the need for accommodation.
However, the employer is obligated to notify applicants and employees of the requirement to provide accommodation to otherwise qualified disabled individuals. In addition to the ADA requirement to display a poster notifying individuals of their rights under ADA, this information may also be included on job applications, job vacancy notices, and in personnel handbooks. It may also be communicated verbally.
An employer is not required to provide an accommodation to a disabled individual unless the person is otherwise qualified for the job. To be otherwise qualified, a person must at least meet all the entry level requirements for the job, such as education and experience, and be able to perform all the essential job functions, either with or without accommodation.
While an accommodation does not have to be the best or the most expensive available, it must be an effective accommodation. This means that the accommodation must give the disabled individual the opportunity to achieve the same level of performance or to enjoy benefits or privileges equal to similarly situated nondisabled persons. A disabled employee can reject an accommodation offered by an employer, but, by doing so, the employee may give up his rights under ADA because he may no longer be considered otherwise qualified if he cannot perform the essential job functions without the accommodation.
While an employer is required to provide reasonable accommodation to otherwise qualified disabled employees and applicants, an accommodation that imposes an undue hardship on an employer is not considered to be a reason-able accommodation. According to the Equal Employment Opportunity Commission (EEOC), "an undue hardship is any action that requires significant difficulty or expense in relation to the size of the employer, the resources available, and the nature of the operation."
While undue hardship is considered on a case-by-case basis, it is based on the concept of any action that is unduly costly, extensive, substantial, disruptive, or that would fundamentally alter the nature or operation of the business.
If an employer can demonstrate that an accommodation is too costly to be reasonable, funding from outside sources can reduce the employer's portion of the cost to a level that is no longer an undue hardship. Also, the employee may elect to personally provide the accommodation or pay for the portion of the cost that would be an undue hardship for the employer.
Employers are not required to provide certain accommodations to disabled applicants or employees. An accommodation that is primarily for personal use does not have to be provided by the employer. Reasonable accommodation applies only to those accommodations that specifically assist an individual in performing the duties of a particular job or that provide equal access to the other benefits or privileges of employment.
Equipment or devices that assist an employee in daily activities on and off the job are considered personal items and do not have to be provided by the employer. Examples of such items would be wheelchairs, glasses, and hearing aids.
Employers are not required to provide accommodations that are not necessary to perform the job duties simply because the disabled employee wants them. For example, the employer would not have to provide a disabled employee a corner office simply because it is a desirable work location but which is not necessary for the performance of the essential job duties.
The following guidelines for identifying a reasonable accommodation are recommended by the EEOC:
· Look at a particular job and determine its purpose and essential functions.
· Consult with the individual with a disability to find out his or her specific physical or mental limitations as they relate to the essential job functions.
· In consultation with the individual, identify the potential accommodations and assess how effective each would be in enabling the employee to perform the essential job functions.
· If there are several effective accommodations that would provide an equal employment opportunity, consider the preference of the individual with a disability and select the accommodation that best serves the needs of the individual and the employer.
If there is difficulty in identifying a reasonable accommodation, you should seek help from other resources. An excellent resource is the Job Accommodation Network (JAN). JAN is a free national consultation service on job related accommodation. They can be reached through their toll free number (800) 526-7234.
Providing an accommodation to disabled persons is still seen as a costly and burdensome process by some employers. However, most employers have found that the majority of accommodations are both inexpensive and simple to provide, and the small investment in an accommodation reaps great rewards through the services of a competent employee.
This article touches on some of the key issues on reasonable accommodation under the ADA. More information on this subject and the other employment aspects of the ADA can be found in the "Technical Assistance Manual on the Employment Provisions" (Title I) of the Americans With Disabilities Act. A copy can be obtained from the U.S. Equal Employment Opportunity Commission, Communications, 1801 L St. N.W., Washington, D.C. 20507.