WHAT ARE REASONABLE ACCOMMODATIONS?

The ADA defines reasonable accommodation as follows:

Reasonable accommodation - The term reasonable accommodation means: 

  1. Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
  2. Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
  3. Modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

Reprinted From: PART 1630_REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT

Now that you've read the language of the law, let's discuss what this means for you as an employer.

The accommodations you provide must be effective for both you (as employer) and the employee.  The wide range of modifications or adjustments that can be made are only limited by your creativity and imagination.

"For example, reasonable accommodations might include:

(Job Accommodation Network, 2007)

 

An addition to modifications to the work environment, reasonable accommodations also must be made to enable an individual with a disability to participate in the application process and to receive employment benefits and privileges enjoyed by other employees.  We will explore these issues in more detail in Lesson 3.

 

What is the Best Way to Identify a Reasonable Accommodation?

The Job Accommodation Network, which is a free service of the Office of Disability Employment Policy in the U.S. Department of Labor, offers some excellent advice to employers on this topic:

"Frequently, when a qualified individual with a disability requests a reasonable accommodation, the appropriate accommodation is obvious. The individual may suggest a reasonable accommodation based upon her own life or work experience. However, when the appropriate accommodation is not readily apparent, you must make a reasonable effort to identify one. The best way to do this is to consult informally with the applicant or employee about potential accommodations that would enable the individual to participate in the application process or perform the essential functions of the job." (2007)

 

When Does a Reasonable Accommodation Become An Undue Hardship?

As the Job Accommodation Network (2007) indicates: 

"It is not necessary to provide a reasonable accommodation if doing so would cause an undue hardship. Undue hardship means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business. Among the factors to be considered in determining whether an accommodation is an undue hardship are the cost of the accommodation, the employer's size, financial resources and the nature and structure of its operation."

 

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Watch the video below to hear Paul talk about his experience with accommodations in the workplace.

 

 


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