What is Reasonable Accommodation Under ADA

Reasonable Accommodation

The Americans with Disability Act of 1990 (ADA) was put into force to protect employees from discrimination with disabilities in the area of employment. A person with a disability can be defined under the ADA as someone who has a physical or mental impairment which considerably limits one or more of major life activities. “It has been estimated that nearly one in five Americans has one or more physical or mental disabilities”(law book pg115). The ADA federal law requires that employers with 15 or more employees not to discriminate against applicants and current employees with disabilities and, when needed, provide reasonable accommodations to these individuals who are more than qualified to work. These individuals are protected in regard to the application process, hiring, advancement, firing, compensation/benefits, training or other privileges of employment. If an individual is requesting accommodation due to a disability and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workspace safety must be given the same consideration for employment as any other applicant. An employer is not obligated to hire anyone that is not qualifies to what is considered the essential functions of the job according to the ADA. An accommodation under the ADA must allow the employee enjoy equal benefits, given an equal opportunity for the person with the disability to be considered for the job and to perform the essential functions.

Reasonable accommodation is when an employer accommodates by enabling the worker to do the job by making changes to the job or workplace or even providing assistance to the worker. These accommodations may include making existing facilities readily...

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...and the impact of the accommodation on the operation of the facility. Accommodations of a personal nature that are used both on and off the job (such as a guide dog for a visually-impaired employee, or a wheelchair) would not be the employers responsibility”(6).

As an employer it is the employees responsibility to inform you the employer of the a disability they have and request a reasonable accommodation, the employer is not legally required to guess at what might help the employee do his/her job and to perform the essential job duties. Once the employer has been notified from the employee, the two must engage in what the ADA law calls a “flexible interactive process” (1) which is a way for the employer and employee to figure out what kinds of accommodations might be most effective and practical for the employer, employees, and others employed with the company.