Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA U S. Equal Employment Opportunity Commission

See Question 12, supra, for the circumstances under which an employer may ask an applicant whether s/he will need reasonable accommodation to perform specific job functions. The release should be clear as to what information will be requested. Although the latter Enforcement Guidance focuses on psychiatric disabilities, the legal standard under which an employer may request documentation applies to disabilities generally.

The ADA’s definition of undue hardship does not include any consideration of a cost-benefit analysis. For more information about an individual requesting reasonable accommodation, see Questions 1-4, supra. There are many reasons why a person would choose to forgo treatment, including expense and serious side effects. While from an employer’s perspective it may appear that an employee is “failing” to use medication or follow a certain treatment, such questions can be complex. Since the ADA does not require employers to excuse poor performance or violation of conduct standards that are job-related and consistent with business necessity, an employer has no obligation to provide “firm choice” or a “last chance agreement” as a reasonable accommodation. Therefore, it may be in the employee’s interest to request a reasonable accommodation before performance suffers or conduct problems occur.

• Nevertheless, some courts have required that individuals initially provide detailed information in order to trigger the employer’s duty to investigate whether reasonable accommodation is required.
• Individuals who solely are “regarded as” having a disability but do not have a disability, are not qualified to receive reasonable accommodations.
• While not required, completion of this form is requested for record keeping purposes and can streamline the request process.
• The employer, however, should explore whether any other reasonable accommodation will assist the store clerk without causing undue hardship.
• At this point, the employer can also provide an overview of the process, so the person who requested an accommodation understands what will happen next and who will have access to the information shared.
• Ct. 1516, 1523 (2002), does not affect the interactive process between an employer and an individual seeking reasonable accommodation.

The duty to provide reasonable accommodation is a fundamental statutory requirement because of the nature of discrimination faced by individuals with disabilities. Title I of the Americans with Disabilities Act of 1990 (the “ADA”)(1) requires an employer(2) to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. This Guidance examines what “reasonable accommodation” means and who is entitled to receive it.

“With or without reasonable accommodation” includes, if necessary, reassignment to a vacant position. The Manual includes a 200-page Resource Directory, including federal and state agencies, and disability organizations that can provide assistance in identifying and locating reasonable accommodations. This is because a person with a disability who is unable to perform the essential functions, with or without reasonable accommodation,(13) is not a “qualified” individual with a disability within the meaning of the ADA. (ii) 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

Within 30 business days of receiving the request the

The second employee is unhappy at being given extra assignments, but the employer determines that the employee can absorb the new assignments with little effect on his ability to perform his own assignments in a timely manner. So that she may focus her reduced energy on performing her essential functions, the employer transfers three of her marginal functions to another employee for the duration of the chemotherapy treatments. Employers, however, may be able to show undue hardship where provision of a reasonable accommodation would be unduly disruptive to other employees’s ability to work. If an employer determines that one particular reasonable accommodation will cause undue hardship, but a second type of reasonable accommodation will be effective and will not cause an undue hardship, then the employer must provide the second accommodation. An employer does not have to provide a reasonable accommodation that would cause an “undue hardship” to the employer.

Finally, a reasonable accommodation allows an employee with a disability an equal opportunity to enjoy the benefits and privileges of employment that employees without disabilities enjoy. 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). Although many individuals with disabilities can apply for and perform jobs without any reasonable accommodations, there are workplace barriers that keep others from performing jobs which they could do with some form of accommodation. “(i) 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 The final section of this Guidance discusses undue hardship, including when requests for schedule modifications and leave may be denied.

• An employer may reassign an employee to an open position if the employee can no longer perform the essential functions of their current job.
• An employer may not assert that it never received a request for reasonable accommodation, as a defense to a claim of failure to provide reasonable accommodation, if it actively discouraged an individual from making such a request.
• All parties involved should document information about the reasonable accommodation process in order to maintain an accurate record and so that they can review the process and know what they have done to act on the accommodation.
• See Question 12, supra, for the circumstances under which an employer may ask an applicant whether s/he will need reasonable accommodation to perform specific job functions.
• This document has information that may be useful for employees, employers, human resources staff, and others.
• The discussions and examples in this section assume that there is only one effective accommodation and that the reasonable accommodation will not cause an undue hardship.

Reassignment issues addressed include who is entitled to reassignment and the extent to which an employer must search for a vacant position. The Guidance also covers different types of reasonable accommodations related to job performance, including job restructuring, leave, modified or part-time schedules, modified workplace policies, and reassignment. The Guidance addresses what constitutes a request for reasonable accommodation, the form and substance of the request, and an employer’s ability to ask questions and seek documentation after a request has been made.

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. . Ct. https://corporatenex.com/talent-management-strategies-for-hr-leaders.html?noamp=mobile 1516 (2002), the Supreme Court laid out the burdens of proof for an individual with a disability (plaintiff) and an employer (defendant) in an ADA lawsuit alleging failure to provide reasonable accommodation. “Vacant” means that the position is available when the employee asks for reasonable accommodation, or that the employer knows that it will become available within a reasonable amount of time. An employer never has to reallocate essential functions as a reasonable accommodation, but can do so if it wishes. The ADA requires employers to provide reasonable accommodations so that employees with disabilities can enjoy the “benefits and privileges of employment” equal to those enjoyed by similarly-situated employees without disabilities. However, items that might otherwise be considered personal may be required as reasonable accommodations where they are specifically designed or required to meet job-related rather than personal needs.(15)

Last chance agreements and reasonable accommodation (See https://gleecus.com/blogs/agentic-ai-for-modern-financial-services/ also “Firm choice”) Interactive process between employer and individual with a disability to determine reasonable accommodation Firm choice and reasonable accommodation (See also “Last chance agreements”)

Individuals who solely are “regarded as” having a disability but do not have a disability, are not qualified to receive reasonable accommodations. Accommodations are considered “reasonable” if they do not create an undue hardship or a direct threat. Because this is a very general, baseline document, more specific questions may be answered by the reader’s local ADA Center. This document has information that may be useful for employees, employers, human resources staff, and others. Reasonable accommodations can apply to the duties of the job and/or where and how job tasks are performed. The Federal Government may provide you with a reasonable accommodation based on appropriate requests (unless so doing will result in undue hardship to the agencies).

All examples used in this document assume that the applicant or employee has an ADA “disability.” The ADA’s requirements regarding reasonable accommodation and undue hardship supercede any state or local disability antidiscrimination laws to the extent that they offer less protection than the ADA. Role of health care providers in reasonable accommodation process Right of individual with a disability to refuse reasonable accommodation Marginal functions (modifying how they are performed; elimination or substitution of)