Overview
The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to make reasonable accommodations in the workplace for employees with disabilities. Reasonable accommodations must be made on a case-by-case basis and are not required when costs would constitute an undue hardship for an employer.
What are Reasonable Accommodations?
Reasonable accommodations are workplace adjustments or modifications which range from making the physical environment accessible to restructuring a job, providing assistive equipment, providing personal assistants (such as a reader for a person who is blind), transferring an employee to a different job or location, or providing flexible scheduling.
Reasonable accommodations are simply tools provided by employers to enable employees to accomplish their jobs. For example, employees are provided with desks, chairs, phones and computers. Some employees with disabilities may need different equipment, for example an employee who is blind or who has a vision impairment might need a computer that operates by voice command or has a screen that enlarges print.
A reasonable accommodation must be effective. It must provide an opportunity for a person with a disability to achieve the same level of performance or to enjoy benefits or privileges equal to those of an average similarly situated non-disabled person. However, the accommodation does not have to ensure equal results or provide exactly the same benefits or privileges.
What is Undue Hardship?
The legal term is defined in the ADA as an action entailing significant difficulty or expense for the employer, considering the following factors:
- The nature and cost of the proposed accommodation;
- The overall financial resources of the business and the effect of the accommodation on expenses and resources, and
- The impact of the accommodation on the operation of the employer’s facility.
When is an Employer Obligated to make a Reasonable Accommodation?
An employer is obligated to make an accommodation only to the known limitations of an otherwise qualified individual with a disability. It is the responsibility of the applicant or employee with a disability to inform the employer that an accommodation is needed to participate in the application process, to perform essential job functions, or to receive equal benefits and privileges of employment. An employer is not required to provide an accommodation if unaware of the need.
However, the employer is responsible for notifying job applicants and employees of its obligation to provide accommodations for otherwise qualified individuals with disabilities. This can be accomplished by posting notices in the workplace, on application forms, job vacancy notices, in personnel manuals, as well as communicated orally.
If a job applicant or employee has a “hidden disability” – one that is not obvious – it is up to that individual to make the need for an accommodation known. If an applicant has a known disability, such as a visible disability, that appears to limit, interfere with, or prevent the individual from performing job-related functions, the employer may ask the applicant to describe or demonstrate how s/he would perform the function with or without a reasonable accommodation.
If an employee with a known disability is not performing well or is having difficulty in performing a job, the employer should assess whether this is due to a disability. The employer may inquire at any time whether the employee needs an accommodation.
Documentation of Need for Accommodation
If an applicant or employee requests an accommodation and the need for the accommodation is not obvious, or if the employer does not believe that the accommodation is needed, the employer may request documentation of the individual’s functional limitations to support the request.
According to ADA rules, the employer may require an employee to provide documentation that is sufficient to substantiate s/he has an ADA disability and needs the reasonable accommodation requested, but cannot ask for unrelated documentation. In most circumstances, an employer cannot ask for an employee’s complete medical records because they are likely to contain information unrelated to the disability at issue and the need for accommodation.
For example: an employer may ask for written documentation from a doctor, psychologist, rehabilitation counselor or physical therapist, independent living specialist, or other professional with knowledge of the person’s functional limitations. Such documentation might indicate, for example, that this person cannot lift more than 15 pounds without assistance.
Documentation is sufficient and complete if it:
- describes the nature, severity, and duration of the employee’s impairment, the activity or activities that the impairment limits, and the extent to which the impairment limits the employee’s ability to perform the activity or activities; and
- substantiates why the requested accommodations are needed.
For a complete explanation regarding disability-related inquires, please refer to the handbook published by the Equal Employment Opportunity Commission, available on the Internet at: http://www.eeoc.gov/docs/guidance-inquiries.html.
What is the Process for Making a Job Accommodation?
The process of identifying, implementing and maintaining successful accommodations can be conducted in three phases:
Phase 1: Determine Need for an Accommodation
Determine if the employee requesting an accommodation is a “qualified individual with a disability”, and needs an accommodation to perform the essential functions of his/her job.
Phase 2: Provide an Effective Accommodation
Explore alternative solutions; find and provide an appropriate accommodation
Phase 3: Maintain Successful Accommodations
Assess performance to determine how well accommodation is working; modify accommodation if needed; monitor on-going performance
