IntroductionThe Americans with Disabilities Act requires an employer with 15 or more employees to provide reasonable accommodation for individuals with disabilities, unless it would cause undue hardship. A reasonable accommodation is any change in the work environment or in the way a job is performed that enables a person with a disability to enjoy equal employment opportunities. There are three categories of "reasonable accommodations": Show
Although many individuals with disabilities can apply for and perform jobs without any reasonable accommodations, workplace barriers may keep others from performing jobs which they could do with some form of accommodation. These barriers may be physical obstacles (such as inaccessible facilities or equipment), or they may be procedures or rules (such as rules concerning when work is performed, when breaks are taken, or how job tasks are performed). Reasonable accommodation removes workplace barriers for individuals with disabilities. This guide answers some of the key questions facing small businesses in connection with reasonable accommodations. It explains the obligations of both employers and individuals with disabilities, and reviews the limits on how far employers must go in providing reasonable accommodations. This guide is adapted from the Equal Employment Opportunity Commission's Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA. Small employers wishing to learn more about reasonable accommodation and undue hardship should call 1-800-669-3362 to request a free copy of the Enforcement Guidance, or review it at EEOC's website, www.eeoc.gov. Requesting Reasonable Accommodation
Types Of Reasonable AccommodationsThere are many different kinds of reasonable accommodations. Below is information on some of them.
Other Reasonable Accommodation Issues
Undue Hardship: Limits On Providing Reasonable AccommodationsAn employer never has to provide any reasonable accommodation that causes undue hardship, meaning significant difficulty or expense. Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive or disruptive, or those that would fundamentally alter the nature or operation of the business. Every request for reasonable accommodation should be evaluated separately to determine if it would impose an undue hardship, taking into account:
If cost is an issue, an employer should determine whether funding is available from an outside source, such as a state rehabilitation agency, to pay for all or part of the accommodation. In addition, the employer should determine whether it is eligible for certain tax credits or deductions to offset the cost of the accommodation. Also, to the extent that a portion of the cost of an accommodation causes undue hardship, the employer should ask the individual with a disability if s/he will pay the difference. An employer cannot claim undue hardship based on employees' (or customers') fears or prejudices, or because providing a reasonable accommodation might have a negative impact on employee morale. Employers, however, may claim undue hardship where a reasonable accommodation would be unduly disruptive to other employees' ability to work.
Footnote: 1 Employers who are covered by the Family and Medical Leave Act (FMLA) may have obligations under that law, as well as the ADA. For more information on how these two laws apply to leave and modified schedules, employers may consult the EEOC's Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA and the EEOC's Fact Sheet on the FMLA and the ADA. APPENDIXResources For Locating Reasonable AccommodationsU.S. Equal Employment Opportunity Commission The EEOC's Publication Center has many free documents on the Title I employment provisions of the ADA, including both the statute, 42 U.S.C. § 12101 et seq. (1994), and the regulations, 29 C.F.R. § 1630 (1997). In addition, the EEOC has published a great deal of basic information about reasonable accommodation and undue hardship. The two main sources of interpretive information are: (1) the Interpretive Guidance accompanying the Title I regulations (also known as the "Appendix" to the regulations), 29 C.F.R. pt. 1630 app. §§ 1630.2(o), (p), 1630.9 (1997) , and (2) A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act III, 8 FEP Manual (BNA) 405:6981, 6998-7018 (1992). The Manual includes a 200-page Resource Directory, including federal and state agencies, rehabilitation agencies (that may be able to pay some/all of the costs for certain reasonable accommodations), and disability organizations that can provide assistance in identifying and locating reasonable accommodations. The EEOC also has discussed issues involving reasonable accommodation in the following guidances and documents: (1) Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations at 5, 6-8, 20, 21-22, 8 FEP Manual (BNA) 405:7191, 7192-94, 7201 (1995); (2) Enforcement Guidance: Workers' Compensation and the ADA at 15-20, 8 FEP Manual (BNA) 405:7391, 7398-7401 (1996); (3) Enforcement Guidance: The Americans with Disabilities Act and Psychiatric Disabilities at 19-28, 8 FEP Manual (BNA) 405:7461, 7470-76 (1997); and (4) Fact Sheet on the Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964 at 6-9, 8 FEP Manual (BNA) 405:7371, 7374-76 (1996). Finally, the EEOC has a poster that employers and labor unions may use to fulfill the ADA's posting requirement. All of the above-listed documents, with the exception of the ADA Technical Assistance Manual and Resource Directory and the poster, are also available through the Internet at http://www.eeoc.gov. U.S. Department of Labor (To obtain information on the Family and Medical Leave Act) To request written materials: 1-800-959-3652 (Voice) 1-800-326-2577 (TT) Internal Revenue Service (For information on tax credits and deductions for providing certain reasonable accommodations) (202) 622-6060 (Voice) Job Accommodation Network (JAN) A service of the President's Committee on Employment of People with Disabilities. JAN can provide information, free-of-charge, about many types of reasonable accommodations. ADA Disability and Business Technical Assistance Centers (DBTACs) The DBTACs consist of 10 federally funded regional centers that provide information, training, and technical assistance on the ADA. Each center works with local business, disability, governmental, rehabilitation, and other professional networks to provide current ADA information and assistance, and places special emphasis on meeting the needs of small businesses. The DBTACs can make referrals to local sources of expertise in reasonable accommodations. Registry of Interpreters for the Deaf The Registry offers information on locating and using interpreters and transliteration services. RESNA Technical Assistance Project RESNA, the Rehabilitation Engineering and Assistive Technology Society of North America, can refer individuals to projects in all 50 states and the six territories offering technical assistance on technology-related services for individuals with disabilities. Services may include:
What is the first step in requesting for accommodations?Sample Accommodation Request Letter
Identify yourself as a person with a disability. State that you are requesting accommodations under the ADA (or the Rehabilitation Act of 1973 if you are a federal employee) Identify your specific problematic job tasks. Identify your accommodation ideas.
What are the most commonly requested accommodations in the workplace?What types of accommodations are generally considered reasonable?. Change job tasks.. Provide reserved parking.. Improve accessibility in a work area.. Change the presentation of tests and training materials.. Provide or adjust a product, equipment, or software.. Allow a flexible work schedule.. What is the first step in making reasonable accommodations in the workplace?According to the Equal Employment Opportunity Commission (EEOC), when an individual decides to request an accommodation, the individual or their representative must let the employer know that they need an adjustment or change at work for a reason related to a medical condition.
What accommodations should I ask for?What accommodations can I request?. making existing facilities accessible.. job restructuring.. part-time or modified work schedules.. acquiring or modifying equipment.. changing tests, training materials, or policies.. providing qualified readers or interpreters.. reassignment to a vacant position.. medical leave.. |