Reasonable Accommodation

Reasonable Accommodation

Introduction

An important case feature of the Americans with Disabilities Act is the requirement that employers provide reasonable accommodations to disabled employees. This case examines the specific steps an employee must take to obtain accommodation. (Ferguson: 2007) he legal hoops are formidable. The author gives some practical advice and offers helpful guidance for avoiding the legal pitfalls awaiting the applicant.

An accommodation is a change in the work environment or in the way things are customarily done at work that enables an individual with a disability to enjoy equal employment opportunities. There are three categories of reasonable accommodations: Changes to the job application process that enable an individual with a disability to be considered for hire; Changes to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable an individual with a disability to perform the essential functions of the job; and Changes that enable an individual with a disability to enjoy benefits and privileges of employment equal to those enjoyed by similarly situated employees without disabilities.3Reasonable accommodations that an employer may have to provide include making existing facilities accessible; job restructuring; part-time or modified work schedules; acquiring or modifying equipment; changing tests, training material, or policies; providing qualified readers or interpreters; and reassignment to a vacant position. In addition, there are several changes or modifications that are not considered forms of reasonable accommodation, such as elimination of an essential function of the job, lowering production standards, and providing personal-use items needed in accomplishing daily activities both on and off the job.

The prudent employee or applicant will seek information regarding the obligation of the employer to provide a reasonable accommodation and information regarding the types of accommodations possible before actually making the request of the employer.( Heinrich, 2007) The employee needs to understand the functions of the job at issue and should try to determine what the essential functions of the job are, since no duty to provide reasonable accommodation exists unless the employee can perform the essential functions of the job, with or without reasonable accommodation. There're numerous sources available regarding the employer's obligation under the law. The Equal Employment Opportunity Commission (EEOC) is an excellent source for materials and information regarding the employer's duty to provide reasonable accommodation. The Exec's Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act III4 is an ...