Complying with the Americans with Disabilities Act (ADA): Understanding the Definition of Reasonable Accommodation
Jeannine LeCompte, Compliance Research Specialist
The Americans with Disabilities Act (ADA) of 1990 compels employers to provide what it calls “reasonable accommodations” to “employees with disabilities,” and imposes accessibility requirements on all public-access areas. It is important to understand what is meant by “reasonable accommodation” in order to remain compliant with this legislation.
According to the EOCC guidelines, Title I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.
The EOCC has ruled that there are three categories of “reasonable accommodations”:
- modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
- modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
- modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.
This means that employers are required to remove any workplace barriers that 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 essential or marginal functions are performed).
“Reasonable accommodations” must be provided to qualified employees regardless of whether they work part-time or full-time, or are considered “probationary.”
As a general rule, the onus is on the individual with a disability who must inform the employer that an accommodation is needed. Such accommodations may include:
- 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; and
- reassignment to a vacant position.
Critical to this is the definition of “reasonable.” The EOCC has defined an action as reasonable if it “seems reasonable on its face, i.e., ordinarily or in the run of cases.” In addition, the EOCC says, an action is “reasonable” if it appears to be “feasible” or “plausible.”
Some examples of accommodations which have been legally established include:
– Allowing an employee with a hearing disability to be able to contact the public by telephone through a teletypewriter (TTY) to call a relay service operator who can then place the telephone call. This has been regarded as reasonable because a TTY is a common device used to facilitate communication between hearing and hearing-impaired individuals.
– Giving a cashier (or any front-line staff member) a stool or chair if they become easily fatigued because of lupus or a similar condition. This accommodation is reasonable because it is a “common-sense” solution.
– Allowing a staff member with a psychiatric disability who has difficulty quickly adjusting to new routines to remain on a similar routine or transition slowly to a new routine. This is regarded as reasonable because it is a “feasible” solution.
References:
“The ADA: Your Responsibilities as an Employer,”
https://www.eeoc.gov/eeoc/publications/ada17.cfm
“Disability Discrimination”
https://www.eeoc.gov/laws/types/disability.cfm
“Facts About the Americans with Disabilities Act,”
