Once an employee discloses his or her disability and requests a reasonable accommodation, the employer must engage in an interactive process and respond within a reasonable time.
If the employee can demonstrate that the requested accommodation is disability-related, necessary to perform the job, and "reasonable," the employer must provide the accommodation or one that is equally effective.
What is “Reasonable”?
An accommodation would be considered reasonable unless it would cause undue hardship to the employer. "Undue hardship" means that:
- SIGNIFICANT difficulty or expense would be required to implement the accommodation; or
- The accommodation would be HIGHLY disruptive; or
- It would FUNDAMENTALLY change the nature or operation of the business.
An employer must assess on a case-by-case basis whether a specific accommodation would cause undue hardship.
Some accommodations would not be considered "reasonable" under the ADA for reasons other than undue hardship. For example:
- The ADA would not require an employer to change the job’s typical or essential functions. Rather, the employer's efforts to accommodate a qualified individual in performing those identified tasks are the ADA's concern.
- Under most circumstances, employers are not required to provide or pay for "personal use" items. This term refers to things such as hearing aids, eyeglasses, wheelchairs, and prosthetic limbs that are needed both inside and outside the workplace.
- Employers are not obliged to set lower production and performance standards for employees with disabilities (although in some cases they may choose to do so).
Reasonable Accommodations in the Hiring Process
While the notion of accommodating "essential functions" pertains specifically to employees, the ADA also requires reasonable accommodations when interviewing and testing job applicants with disabilities. The purpose is to ensure their ability to fully participate in the recruitment process, and have their qualifications fairly considered. Examples include providing a sign language interpreter for people with hearing impairments, conducting interviews in locations that are wheelchair-accessible, and providing written materials in formats that can be understood by applicants with low or no vision.
Additionally, if the method in which a test is typically administered does not reflect actual job requirements, an employer must allow individuals with disabilities to be assessed using a different format if necessary.
This Was Helpful, But I’d Really Like More Information
Check out our posts:
- Reasonable Accommodations at Work: A Wide Range of Options for People with Disabilities and Their Employers for a wealth of accommodation examples that you may find useful.
- If You've Decided to Request a Workplace Accommodation, Here is Some Helpful Advice for tips on discussing your needs with your employer.
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