Reasonable Accommodation According To ADA
The Americans with Disabilities Act (ADA) provides that employers make reasonable accommodation for individuals with disabilities. These accommodations must be made for job applicants as well as current employees. The key is that the individual with disabilities is qualified for the position and able to do the essential functions of their job description.
In some cases, employers struggle to meet reasonable accommodations because of something termed undue hardship. When undue hardship is a legitimate reason, the judge may rule that reasonable accommodation cannot be made for an individual with a disability.
ADA offers much aid to individuals with disabilities, but it can be weighted with these case-by-case situations. You don’t have to figure out ADA on your own, call an employment lawyer.
What’s The Terminology Mean?
Reasonable Accommodation – a change or adjustment made in or to the workplace that allows a competent applicant or employee with a disability to participate in the application process or the job functions, including all benefits and activities experienced by colleagues.
Undue Hardship – circumstances where an employer cannot provide accommodation for an applicant or employee with a disability because the employer does not have the monetary resources, has ongoing accommodation costs already, or has a business structure that does not allow for it.
Reasonable Accommodation Under ADA
ADA provides a list of reasonable accommodations that employers are required by law to use to help their employees with disabilities fulfill their job requirements. This is a helpful resource to individuals with disabilities who may want to check into their rights under ADA when it comes accommodations. If you want a more in-depth look at your rights and reasonable accommodation with ADA, don’t hesitate to contact us so we can help you know exactly what applies to you.
The following list is a few of the ways that an employer can aid employees with disabilities.
Your Employer should offer to…
- customize work equipment or devices for ease of use
- restructure job requirements
- adjust work schedule
- reassign you to an available position that will work better
- offer training, new policies, or modified exams
- provide readers, interpreters, or someone to assist
Many of these accommodations will cost your employer very little to implement in the workplace. Moreover, it is required by law that an employer reasonably accommodates individuals with a disability covered by ADA.
Sometimes there will be accommodations that the employer will not feel that they can do because of the expense involved or their business structure. In this case, your employer will need to show why they are unable to provide accommodation. It is their responsibility to explain why accommodation would be an undue hardship to their business.
The Equal Employment Opportunities Commission (EEOC) has developed a short list by which an employer’s case for undue hardship can be evaluated.
- The nature and the cost of the accommodation
- The employer’s financial resources (big company or small business)
- The business structure, composition, and size
- Current accommodations expenses that the company already has
Undue hardship is determined by individual case. There is no hard and fast rule. Some cases may result in the company being relieved of providing accommodation while other situations will require that the company provides certain accommodation. An employment lawyer will know what to ask and how to leverage your case.
If you have a disability under ADA and you are fulfilling your job duties, it is part of your rights to request accommodation from your employer. We can help you negotiate for your rights. Contact us.