Module #2
The ADA and Reasonable Accommodations
The following "Americans with Disabilities Act (ADA) & Reasonable Accommodations" online module is designed to assist public and private employers to increase the diversity of its workforce to include people with disabilities, an untapped business resource. As a starting point, this module provides some general information regarding the Americans with Disability Act (ADA) and its employment requirements related to providing job supports and accommodations. The module concludes by addressing the need for universally designed work environments that support increased productivity and diversity among ALL employees, regardless of disability.
As the number of workers in the "traditional" labor force shrinks it is important that employers open their doors to qualified workers from nontraditional sources. Individuals with disabilities are an underutilized workforce who can assist employers to meet their current and future labor needs. Many employers believe they will need to provide expensive supports and accommodations if they hire individuals with disabilities. In reality, all employees need a work environment that accommodates their unique working styles and preferences, and the support needs of workers with disabilities are no different. The information in this module addresses some of the misconceptions that create employment barriers for people with disabilities and offers concrete strategies for providing useful job supports and accommodations that benefit both employers and ALL employees.
At the conclusion of this module you will be able:
This module is organized into 4 lessons. Each lesson will start with an overview and some initial thoughts designed to stimulate your thinking in each topic area. Next, we present a number of "key concepts" related to the lesson topics. Finally, each lesson concludes with a wrap-up summary. At the conclusion of this module you will have the opportunity to "check your learning" related to learning objectives and content. You will also be able to access an employer Internet based resource guide that includes resources related to the material in this module.
The following lessons are contained within this module:
Hello! My name is Paul. I will join you at various times as you complete this module to share a few of my personal thoughts regarding this important issue. Click on the video below to hear my initial remarks. I hope you enjoy your time and learning!
As mentioned in the introduction many employers believe they will need to provide difficult and expensive supports and accommodations if they hire individuals with disabilities. This first lesson will address this common misperception through an introduction to the ADA. This first lesson will:
Most of us have heard of the ADA, however, many of us never step back and really think about not only the benefits of the ADA to people with disabilities but to all of us and our communities. Many of us know that the ADA addresses some familiar accessibility issues and requirements such as ramps and sidewalk curb cuts to make it easier for people who use wheelchairs to access public places. However, few people stop to think about the positive impact these changes have had on all our lives. For example, parents pushing strollers and shoppers using grocery carts regularly benefit from ramps and curb cuts. You may not be specifically covered under the ADA but most of us benefit from it everyday!
As we learned in Module #1, disability is a natural part of life. The increased accessibility the ADA provides to people with disabilities also universally improves our quality of life as well.
"To the more than 50 million Americans with disabilities, the Americans with Disabilities Act is an unprecedented opportunity to eliminate barriers to independence and productivity. The ADA is modeled after the Civil Rights Act of 1964." (Baum, et al., 2004). It was signed into law by President George H. W. Bush in 1990.
"The purpose of the ADA is to extend to people with disabilities civil rights similar to those that are available on the basis of race, color, sex, national origin, and religion through the Civil Rights Act of 1964. It prohibits discrimination on the basis of disability in private sector employment, activities of State and local governments (including employment), places of public accommodation, transportation, and telecommunication services." (Baum, et al., 2004). Each of these areas are addressed through the different titles contained within the ADA. Following is brief overview of each title:
Title 1 – Employment: The ADA prohibits employment discrimination against a qualified individual with a disability and includes specific features related to reasonable accommodation. We will focus on reasonable accommodations throughout the remaining lessons. More details to come!
Title 2 – Public Services: Title 2 prohibits discrimination on the basis of disability in all services, programs, and activities provided or made available by local or state governments and their affiliate agencies. For example this might include public bus service, parks, and public schools and universities.
Title 3 – Public Accommodations: This title specifies that no individual shall be discriminated against on the basis of disability in the full and equal access of public venues such as restaurants, bars, theaters, hotels, stadiums, and retail stores.
Title 4 – Telecommunications: Title 4 requires telephone companies to provide telecommunication relay services. Similarly, television stations must close caption their programs.
Title 5 – Miscellaneous Provisions: This title contains supplemental regulations not explicitly covered in other parts of the ADA (e.g., State Immunity, Attorney Fees, Coverage of Congress and Federal and State Laws).
Each of the pictures below represents an area of everyday life covered by the ADA. To test your understanding, pick which ADA title corresponds to each picture.
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It is important to keep in mind the reach of the ADA is very broad and we will go into further detail regarding the employment provisions of the Act in the lessons that follow.
Many people hold a number of preconceived perceptions regarding the ADA. Let's explore some of these in the following quizzes:
Question #1.
Question #2.
Question #3.
Question #4.
Question #1 and #2 were adapted from ODEP's "Employers and the ADA: Myths and Facts".
Question #3 was reproduced from Baum, et al., 2004.
As you can see, there are a number of misconceptions about the ADA but the fact is it hasn't been overly burdensome for employers and businesses. In fact, it has been beneficial to many employers and businesses. For example, due to implementation of the ADA, physical access to businesses has increased, which in turn increases the number of potential customers. Similarly, employers have an increased pool of qualified employees from which to choose.
In this lesson you learned about some general aspects of the ADA and some of the common misconceptions about the ADA. Following are a few of the highlights:
Next in Lesson #2, we will learn more about Title I and how the ADA relates more specifically to the employment of people with disabilities.
Previously we looked at some common myths related to the ADA in general. There are also a number of common myths associated with the ADA's employment provisions. The following series of quizzes will challenge your thinking about the ADA and how it relates to employment.
Question 1:
Question 2:
Question 3:
Question 4:
Question 5:
Question 6:
Question 7:
Question 8:
(Question 1, 2, 4, 5, 6 and 7 were reproduced from Baum, et al., 2004).
Now that we have explored some misconceptions about employment and the ADA, let's learn about the specific provisions of ADA's Title I in more detail.
As we learned in lesson 1, Title I covers the employment provisions in the ADA and it aims to ensure equal access to employment regardless of whether a person has a disability. Title I is about "leveling the playing field" for persons with disabilities, not forcing employers to hire people with disabilities. In the following sections we will look at:
Title I of the ADA protects qualified individuals with disabilities from employment discrimination.
The ADA defines qualified individual as follows:
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Qualified individual-- Qualified individual with a disability means an individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. Reprinted From: PART 1630_REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT |
As this language indicates, an individual with a disability must also be qualified to perform the essential functions of the job with or without reasonable accommodation, in order to be protected by the ADA. This means that the applicant or employee must:
In addition, the ADA stipulates:
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To be protected under the ADA, an individual must have a record of, or be regarded as having a substantial impairment. Substantial impairment is defined as follows: Substantial impairment – A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning or working.
Reprinted From: PART 1630_REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT |
Some examples of persons with a "substantial impairment" would be a person who takes longer to learn a task, a person who uses a walker or a cane, or a someone who needs the assistance of a a device that helps them speak.
In summary, the ADA does not interfere with your right to hire the best qualified applicant. Nor does the ADA impose any affirmative action obligations. The ADA simply prohibits you from discriminating against a qualified applicant or employee because of his or her disability. In this section we will go into further detail about "essential functions" and "reasonable accommodations".
"The ADA makes it unlawful to discriminate in all employment practices such as:
(Job Accommodation Network, 2007)
"Under the ADA, an employer must provide reasonable accommodations to the known physical and mental limitations of a qualified applicant or employee with a disability. It is important to remember that employers do not have to provide accommodations for disabilities that they do not know about." (Baum, et al., 2004). Individuals can disclose their disability during any point in the interview and employment process, even after they begin work.
An employer only has to provide reasonable accommodations after gaining the knowledge about the disability.
It can be difficult and confusing for employers to understand what their roles and responsibilities are to both the employee and your business. As an employer, you may be faced with an employee disclosing their disability to you or you may suspect someone has a disability but the employee does not disclose to you.
The decision for an employee to disclose their disability to you as an employer is a personal choice for people with disabilities. Disclosure is an individual decision.
When applying for a position, a person with a disability may choose to disclose their disability in their resume or letter of application. They may also disclose their disability when a job interview is being organized, during the interview, after the job offer is made, when they are in the work environment or not at all.
It is important to note that there is no legal obligation for an employee to disclose their disability unless it is likely to affect their performance to meet the essential functions of the job. Disclosure of disability becomes relevant to both the employee and employer when negotiating job accommodations to enable the essential functions of the position to be met.
It is important to remember that disclosure of disability is not the central issue of concern in the process of recruitment and employment for people with disabilities. As with all steps in the employment process, the emphasis should be on the skills and qualities of the employee and not on issues that may have no bearing on whether the employee can do the job well.
Why Would Employees with Disabilities Choose Not to Disclose?
The ADA defines essential functions as follows:
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Essential functions – The term essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. The term "essential functions'' does not include the marginal functions of the position. A job function may be considered essential for any of several reasons, including but not limited to the following:
Evidence of whether a particular function is essential includes, but is not limited to:
Reprinted From:PART 1630_REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT |
Basically, "Essential Functions" are the basic job duties that an employee must be able to perform, with or without reasonable accommodation (we will talk more about reasonable accommodations in the next section). Before advertising a job and beginning the hiring process, you'll need to create a job description which details the essential and marginal functions (non-essential functions) of the job position. The essential job functions will need to be included in the job description. This information will be important for determining if an applicant can perform the essential duties of the position with or without reasonable accommodation.
For example, let's look at the essential and marginal job functions of a receptionist in a professional office.
Essential job functions might include:
Marginal job functions might include:
For this receptionist position, an applicant would need to be able to perform the essential job functions with or without reasonable accommodation. The marginal or non-essential job functions are those that could be redesigned or reassigned to other employees, if necessary. You should carefully examine each job to determine which functions or tasks are essential to performance. This is particularly important before taking an employment action such as recruiting, hiring, promoting or firing employees.
Whether or not a particular duty is considered marginal will depend on:
In summary, a duty would be considered an "essential" function of the position if it is important to your company's operation, it is performed with frequency, there isn't sufficient staff to reassign it, and it can't be redesigned or performed in another way.
The ADA regulation also states that relevant evidence as to whether a function is essential may include:
It is important to remember this message: "The employer has the right to determine the essential functions, educational training requirements, and the performance standards of the job, as long as standards and requirements are consistently applied and are not established specifically to discriminate against people with disabilities." (Baum, et al., 2004)
Let's look at an example of essential function through the following quiz:
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The ADA defines reasonable accommodation as follows:
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Reasonable accommodation - The term reasonable accommodation means:
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."
Watch the video below to hear Paul talk about his experience with accommodations in the workplace.
In this lesson we have discussed the ADA and some of the misperceptions related to its employment provisions. We have highlighted a few of the main points below:
Next, in Lesson #3, we learn more about applying the key concepts of Title I employment provisions including providing reasonable job accommodations.
In Lesson #1 and #2 we learned about the ADA generally and its employment provisions specifically. In this lesson we will focus further on providing job accommodations and supports and apply what you have learned to a process of determining reasonable accommodations. This lesson will:
Have you ever needed an accommodation or support to do a part of your job? Think of a time that your employer worked with you to figure out how to make your job a good fit for your strengths and skills.
All employees need the right support, equipment, and work environment to effectively perform their jobs. Employers accommodate workers everyday in order to build a loyal, dedicated and productive workforce. A few examples include:
Similarly, individuals with disabilities may need workplace adjustments—or accommodations—to maximize the value they can add to their employer. Let's start with how reasonable accommodations work from the beginning-- the interview. However, although we focus on the interview process, employers should remember that many people with disabilities are already on the job and may need accommodations at any point during employment.
Let's review what an employer can and cannot ask during an interview according to the ADA. First let's look at what questions an interviewer may ask.
Disability Related Inquires: An Interviewer May Ask Questions About:
On the other hand, the ADA stipulates that you cannot ask disability-related questions before a conditional offer of employment. Keep the focus on the job and the requirements for the job. Generally, these questions can be asked post-offer and before employment begins, as long as they are asked of all applicants. Also, universal policies prohibiting current illegal drug use, drinking alcohol on the job, or administration of drug tests are permissible.
So based upon information provided, let's look at a few sample interview questions. For each pair of questions select the one that you CAN ask an applicant during an interview.
Question #1.
Question #2.
Question #3.
In Module 1 we discussed the importance of person-environment fit. We suggested that people function best and are most successful when their work, play, and social environments fit their abilities and interests. We distinguished between the person's impairment and their disability and suggested that accommodating the person's impairment through various modifications enables the person to fully participate in his or her environment. This same principle of person-environment fit applies to the workplace. Most of us select jobs and careers on the basis of interests, skills, and talents. By applying for a particular position in a specific company or business, we seek to maximize the fit between our interests, abilities and preferences. Accommodating a person's disability is helping that person develop a needed person-environment fit.
In thinking about reasonable accommodations for people with a disability, it is helpful to think of these accommodations in three categories:
1) Modifications or adjustments to a job application process to permit an individual with a disability to be considered for a job (such as providing application forms in an alternative format like large print or Braille);
2) Modifications or adjustments necessary to enable qualified individuals with a disability to perform the essential functions of the job (such as providing adaptive computer equipment); and
3) Modifications or adjustments that enable employees with disabilities to enjoy equal benefits and privileges of equal employment (such as creating an accessible cafeteria).
1) Accommodation in the job application process – Key Questions: There are a couple of questions you must answer here.
Remember, reasonable accommodation means a modification for an individual because the typical process or product creates an undue barrier. Employers are not required to provide out of the ordinary accommodations, such as transportation to the interview, if they do not ordinarily provide that for all applicants.
SCENARIO PRACTICE: Let's practice by responding to the following scenario.
Sharon is applying for a job as an Inventory Control Specialist. When she received a call from the company to schedule an interview, she informed the employer that she uses a motorized scooter. The company has their meeting rooms and interviewing offices on the third floor which requires going up a short flight of stairs. The company also has some accessible ground floor offices.
Answer some questions about this scenario:
Question #1
Question #2
2) Accommodations to support a new employee or an existing employee to perform their jobs – Key Questions: Here are some questions you should explore in this regard.
SCENARIO PRACTICE: Let's look at a couple of scenarios related to accommodations that assist an employee to perform their job.
First Scenario: Jack loves being outside and has just secured a position with a small lawn care company, work he has done before. Two years ago Jack acquired a head injury which significantly impacted his short term memory and organizational skills. The essential functions of his new job include developing the daily schedule, traveling to customer homes, and performing requested lawn services. He is very skilled at performing lawn care tasks, but sometimes forgets details which relate to particular customers and sometimes is not sure how to get started. This is a small landscape company so Jack does not always have a partner.
Answer some questions about this scenario:
Question #1
Question #2
Question #3
Second Scenario: Jason has just been hired by a small automotive repair shop. The job entails changing oil, installing tires/rotating tires, replacing tires and inputting information into a computer when the job is complete. He skillfully completes all aspects of his job except one—data entry. Due to his cognitive disability, Jason has difficulty entering information into the computer. During the job interview, Jason discussed his disability and needs with his new employer.
Answer some key questions about this scenario:
Question #1
Question #2
Question #3
3) Making modifications or adjustments which enable the person to enjoy equal benefits and privileges of employment: Accommodations in this area may not relate directly to the application process or the job itself but rather other aspects of employment. This could include use of restrooms, meeting rooms, and attending company functions among others. In the next Lesson we will explore creating universally designed work environments that are accessible to all. However, here's a few questions you should ask yourself.
Let's use a scenario to check your ability to apply these guidelines and principle of accommodation in situations which enable the employee to access equal benefits and privileges of employment.
SCENARIO PRACTICE: Let's try an example.
Terri works for an accounting firm and is a department manager. The office building is fully accessible, which is great since Terri uses a walker and sometimes a wheelchair. A new division director has recently announced that a leadership retreat will be held at a rural lodge to review the company's current strategic plan and refine it. Terri would typically be part of the planning, but since the retreat is an old lodge which is not accessible, the division manager thinks he needs to ask Terri to designate a representative from her department to attend the planning retreat in her place.
Answer a question about this scenario:
In this lesson we discussed the concept of reasonable accommodation and helped you apply its key principles. To summarize:
Next in Lesson #4 we will learn more about creating universally designed work environments that are good for ALL in employees.
Think about your work environment. Whether it is a home office or a cubicle in a large corporate setting, you likely have made accommodations for yourself that help you do your job. Perhaps it is the placement of your computer monitor and mouse. Perhaps you have your own coffee pot to brew your favorite blend. Consider the following questions. What changes or customizations have you made in your work environment? Why did you make the changes? Have your personal adaptations helped you complete your work more effectively or efficiently? Is the quality of your work better?
In the prior lessons, you learned about the Americans with Disabilities Act (ADA) and reasonable accommodations. In this lesson, you will learn about "Universal Design". Universal Design moves beyond legal requirements to best practices. Improving the workplace environment for all employees, regardless of disability, results in improved job satisfaction and productivity for all employees.
Universal Design is defined as "the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design" (National Center for Universal Design, 2007). Universal Design philosophy is that human diversity is natural and thus 'one size doesn't fit all.' In other words, designing environments with human diversity in mind is good design. In the workplace, the application of universal design can help all employees be more productive, not just the employees with disabilities.
There are 7 Principles of Universal Design. When applied to the workplace, these seven principles identify the important aspects of the work environment to consider.
The workplace environment should be welcoming to all employees. To achieve this, designers must consider the many different ways employees may work and interact. An equitable workplace does not disadvantage or stigmatize any individuals.
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So what can you do?
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Employers should determine the degree of flexibility in their employee policies and work environments. Do employees have the option to customize their personal work routines and methods? When organizations allow employees to complete their work in a way that matches their learning and work preferences and strengthens their talents and abilities, productivity improves.
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So what can you do?
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Workplace expectations, requirements, and equipment should be easy to understand. Does the workplace have archaic policies, procedures, or equipment that are no longer applicable or useful? Is the organizational structure or work system (routines and protocols) unnecessarily complex? Often, when employers simply reflect on the unnecessary and complicated aspects of the work environment, they are able to devise straightforward, equally effective solutions.
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So what can you do?
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The principle of perceptible information refers to communication. Communication between employees and employers is critical. However, due to differing learning and communication styles, communication can be affected by ambience (i.e. background noise) or differing sensory abilities. For example, individuals with sight limitations may struggle with print communication (both online and on paper) without accommodations and likewise individuals with hearing limitations may struggle with verbal communication. It is important for employers to consider how organizational communication can be maximized to promote productivity.
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So what can you do?
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Consider and plan for the workplace mishaps. The principle of Tolerance for Error refers to elements in the workplace intended to minimize the adverse consequences of accidental or unintended actions. Are there anticipated hazards or pitfalls in the workplace? How could they be prevented? Are employer reactions to accidental or unintended actions reasonable and appropriate?
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So what can you do?
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Ergonomic design, minimizing unnecessary repetitive motions, and convenient placement of workplace materials are all examples of how the physical effort can be reduced. The workplace environment should be designed such to maximize efficiency and comfort.
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So what can you do?
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Regardless of the individuals' body size, posture, or mobility, their spatial surroundings are important. The approach or path used for moving about the workspace should be free from barriers and ample for moving freely as needed for work. Materials or objects needed for work should be easily accessible, thus minimizing unnecessary reach or dexterity. Finally, the workspace should be functional for all employees.
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So what can you do?
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Let's Apply Some Of These Principles Related To Universal Design:
The examples below pose a possible scenario. Click on each scenario to open, then choose the best solution.
Thinking about office layout...
Thinking about work policies...
Thinking about supervision...
Thinking about communication...
In summary, diversity belongs to everyone. Everyone's learning, working, and communication styles and preferences differ. Consequently, it is important to design work environments that support individual differences and customized options. By incorporating universal design principles into the workplace, employers remove barriers for all employees, not just employees with disabilities.
Watch a video of Paul talking about Universal Design.
We hope you enjoyed the information and activities contained in this module. Now let's check your learning on some of the key principles included in the module. Have fun and good luck!
Part I: True or False
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Part II: Multiple Choice. For each of the following situations check the best answer.
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Final Activity:
From the list below, pick 2-3 things you will try to do differently as a result of completing this online module.
This module provided you with a great deal of information regarding the ADA and employment including: The ADA as it relates to employment, the interview process, essential job functions, and reasonable job accommodations. We also discussed the benefits of universal workplace design. To summarize:
Watch a video of Paul summarizing the information you have learned in this module.
Complete an evaluation of the module and you will be directed to a Certificate of Completion you can personalize and print out here. The evaluation survey will open in another window. After you have completed and submitted the survey and printed out your certificate, close the window to return to this module for further resources and learning opportunities. See below:
When you are finished, click here to return to the homepage. From this page you will also be able to access additional resources that relate to the Americans with Disabilities Act and Reasonable Accommodations.
Baum, P.; Buchanan, L.; Cuozzo, L.; Deschamps, A.; Diaz, J.; Farrington, S.; Hathaway, S.; Horton, N.; Leedy, M.; Luecking, R.; Margolis, R.; Porter, K.; Tilson, G.; Vessels, M.; (2004). Workforce Discovery: Diversity and Disability in the Workplace. Rockville, MD. TransCen, Inc.
Job Accommodation Network. The ADA: Your responsibilities as an employer. Retrieved December 11, 2007 from http://www.jan.wvu.edu/media/EMPLOYERRESP.html
Mace, R.; Hardie, J.; Place, J.; (1996). Accessible Environments: Toward Universal Design . Rahleigh, NC. National Center for Universal Design at North Carolina State University
U.S. Department of Labor. Employers and the ADA: Myths and Facts. Retrieved December 11, 2007. www.dol.gov/odep/pubs/fact/ada/htm.