Eleanor Finch
The Americans with Disabilities Act (ADA) defines a reasonable accommodation as any modification or adjustment to a job or work environment that enables a person with a disability to participate in the application process, perform essential job functions, and enjoy benefits and privileges equal to those without disabilities. These accommodations ensure equal opportunities during the hiring process and aim to remove barriers that might prevent a qualified individual with a disability from performing the essential functions of a job. Examples of reasonable accommodations include making facilities accessible, restructuring jobs, providing modified equipment, and adjusting work schedules to accommodate medical appointments. The ADA requires employers with 15 or more employees to provide reasonable accommodations, but some local and state laws may mandate accommodations for smaller businesses.
| Characteristics | Values |
|---|---|
| Definition | Any modification or adjustment to a job or the work environment |
| Purpose | Enable an applicant or employee with a disability to participate in the application process or to perform essential job functions |
| Applicability | Employers with 15 or more employees |
| Examples | Making existing facilities accessible, job restructuring, part-time or modified work schedules, acquiring or modifying equipment, changing tests, training materials, or policies, and providing qualified readers or interpreters |
| Considerations | Each request must be considered on a case-by-case basis, and the employer must be aware of the disability |
| Employee Responsibility | Submit supporting medical documentation from appropriate healthcare providers |
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What You'll Learn
Job restructuring
Under the Americans with Disabilities Act (ADA), job restructuring is recognised as a reasonable accommodation. This means that modifications or adjustments can be made to the job itself or the work environment, allowing individuals with disabilities to have equal opportunities in the application process and to successfully perform their job.
In some cases, job restructuring may involve reassigning an employee to a different position if they can no longer perform the essential functions of their current role. However, it's important to note that the employer is not obligated to create a new position for this purpose. The individual being reassigned must be qualified for the new position, and no other employees need to be transferred or terminated to accommodate this change.
Additionally, job restructuring can include adjustments to work schedules, allowing employees with chronic medical conditions to attend medical appointments and complete their work at alternate times or locations. These adjustments ensure that individuals with disabilities have equal opportunities in the application process and can successfully perform their job tasks.
The ADA requires that reasonable accommodations, including job restructuring, are provided to ensure equal opportunity during the application process, enable qualified individuals with disabilities to perform essential job functions, and allow employees with disabilities to enjoy equal benefits and privileges of employment. These accommodations should be considered on a case-by-case basis, and they often benefit all employees, not just those with disabilities.
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Adjusting work schedules
Under the ADA, employers who have 15 or more employees are generally required to provide reasonable accommodations. Some state and local laws may require employers with fewer employees to provide reasonable accommodations.
The ADA also allows for flexible leave opportunities as a form of reasonable accommodation. This could include short-term or long-term disability leave, or leave under the Family Medical Leave Act (FMLA). Such accommodations provide employees with disabilities the necessary time to manage their health conditions without sacrificing their employment.
It is important to note that each request for a reasonable accommodation must be considered on a case-by-case basis. The employee must disclose their disability and provide supporting medical documentation to substantiate their request for a modified work schedule. The employer is not required to create undue hardship or a direct threat to the business by accommodating the employee's needs.
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Reassignment
According to the Equal Employment Opportunity Commission (EEOC) and Title I of the ADA, each request for reasonable accommodation must be considered on a case-by-case basis. The process begins with the disclosure of a disability, as employers are only required to accommodate disabilities that have been brought to their attention. It is important to note that individuals who are "regarded as" having a disability but do not actually have one are not eligible for reasonable accommodations.
Under the ADA, a reasonable accommodation is any change or adjustment to a job, the work environment, or the hiring process that enables an individual with a disability to have an equal opportunity to obtain and successfully perform a job. These modifications ensure that the individual can perform the essential functions of the job and enjoy equal benefits and privileges of employment. Reasonable accommodations may include facility enhancements such as ramps, accessible restrooms, and ergonomic workstations, as well as job restructuring, modified work schedules, and the acquisition or modification of equipment.
It is important to understand that reasonable accommodations should not be seen as "special treatment." They are often productivity enhancers that benefit all employees, not just those with disabilities. Employers with 15 or more employees are typically required to provide reasonable accommodations, but some state and local laws may mandate this for smaller businesses as well.
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Access to flexible leave
Under the Americans with Disabilities Act (ADA), a reasonable accommodation is any modification or adjustment to a job or the work environment that allows an applicant or employee with a disability to participate in the application process or to perform essential job functions.
The ADA requires reasonable accommodations in three aspects of employment:
- Ensuring equal opportunity in the application process: Accessibility must be provided to enable a qualified applicant to participate in the application process. This may include providing access to flexible leave during the hiring process.
- Enabling a qualified individual with a disability to perform the essential functions of a job: Reasonable accommodations may involve adjustments to the job or work environment, such as providing flexible leave opportunities like short-term disability (STD) or long-term disability (LTD) leave, to enable an employee with a disability to perform the essential functions of their job.
- Making it possible for an employee with a disability to enjoy equal benefits and privileges of employment: This includes access to non-work facilities such as cafeterias, lounges, and company-provided transportation. Flexible leave policies can also play a role in ensuring equal benefits and privileges for employees with disabilities.
It is important to note that each request for a reasonable accommodation must be considered on a case-by-case basis, and employers are only required to accommodate disabilities that they are aware of. The ADA also specifies that employers with 15 or more employees are generally required to provide reasonable accommodations, but some state and local laws may require accommodations for employers with fewer employees.
Overall, providing access to flexible leave can be an important aspect of ensuring equal opportunities and benefits for individuals with disabilities under the ADA.
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Making existing facilities accessible
The ADA requires reasonable accommodations in three aspects of employment: ensuring equal opportunity in the application process; enabling a qualified individual with a disability to perform the essential functions of a job; and allowing an employee with a disability to enjoy equal benefits and privileges of employment. This includes access to non-work facilities such as cafeterias, lounges, company-provided transportation, and counseling services.
It is important to note that employers are not required to create undue hardship on their businesses to provide reasonable accommodations. If making an existing facility accessible is not feasible, employers must provide a comparable alternative that enables individuals with disabilities to have equal opportunities and access to benefits.
The process of determining reasonable accommodations is collaborative and interactive, involving the employee or applicant, the employer, and relevant personnel such as human resources or a designated "Accommodation Coordinator". Each request is considered on a case-by-case basis, taking into account the specific needs and limitations of the individual.
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Frequently asked questions
A reasonable accommodation is any modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process that allows a person with a disability to have an equal opportunity to get a job and perform their job effectively.
Examples include making existing facilities accessible, restructuring jobs, providing modified equipment, adjusting work schedules, and offering flexible leave opportunities.
To be eligible, an individual must have a physical or mental impairment that substantially limits one or more major life activities. They must also be qualified for the job, meaning they can perform the essential functions of the position with or without reasonable accommodation.
The process typically involves the employee disclosing their disability and requesting specific accommodations. The employer then considers the request and may consult with the employee and relevant experts to determine an appropriate accommodation.
Yes, accommodations are considered reasonable if they do not cause undue hardship or pose a direct threat. Employers with fewer than 15 employees may not be required to provide reasonable accommodations, depending on state and local laws. Additionally, employers are not required to create new positions or terminate existing employees to accommodate an individual.
