Reasonable accommodations (ADA)

Scope

Accommodations vary depending upon the needs of the individual. Not all people with disabilities will require accommodations.

Regulatory citations

• None

Key definitions

• Reasonable accommodation: Adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities under the employment provisions of the Americans with Disabilities Act (ADA).
• Undue hardship: When providing the particular accommodation would result in significant difficulty or expense, based on your company’s resources and the operation of the business.

Summary of requirements

Accommodations vary depending upon the needs of the individual. Not all people with disabilities will require accommodations.

Reasonable accommodations must be determined on a case-by-case basis because workplaces and jobs vary, as do people with disabilities. Accommodations might involve changes to workplace policies, procedures, or practices. Physical changes to the workplace or providing equipment may also be effective reasonable accommodations.

There are three basic categories of reasonable accommodations:

1. Modifications or adjustments to a job application process that would enable a qualified applicant with a disability to be considered for a position the qualified applicant desires;
2. 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 an individual with a disability to perform the essential functions of that position; or
3. Modifications or adjustments that enable an employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated employees without disabilities.

Accommodations can run the gamut, and might include:

• Purchasing or modifying equipment,
• Making written materials accessible,
• Changing the physical work areas,
• Restructuring a job (shifting responsibilities for minor tasks);
• Modifying work schedules;
• Allowing for telecommuting;
• Providing leave;
• Modifying workplace rules;
• Modifying supervisory methods;
• Providing job coaches; or
• Reassigning an employee, if no other accommodation would be effective.

Undue hardship. You are to provide an accommodation unless doing so imposes an undue hardship. This takes into account the financial realities of a particular employer. However, this concept it not limited to financial difficulty, but refers to any accommodation that would be unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business.

Determinations of undue hardship must be based on an individualized assessment of current circumstances.

The fact that a particular accommodation imposes an undue hardship means only that you are not required to provide that particular accommodation. If a different accommodation would be effective and not cause an undue hardship, then you must provide the alternate accommodation.