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This Guidance sets forth an employer's legal obligations regarding reasonable accommodation; however, employers may provide more than the law requires.
This Guidance examines what "reasonable accommodation" means and who is entitled to receive it.
The employee requests a stool because sitting greatly reduces the fatigue.
INTRODUCTION GENERAL PRINCIPLES REQUESTING REASONABLE ACCOMMODATION REASONABLE ACCOMMODATION AND JOB APPLICANTS REASONABLE ACCOMMODATION RELATED TO THE BENEFITS AND PRIVILEGES OF EMPLOYMENT TYPES OF REASONABLE ACCOMMODATIONS RELATED TO JOB PERFORMANCE JOB RESTRUCTURING LEAVE MODIFIED OR PART-TIME SCHEDULE MODIFIED WORKPLACE POLICIES REASSIGNMENT OTHER REASONABLE ACCOMMODATION ISSUES UNDUE HARDSHIP ISSUES BURDENS OF PROOF INSTRUCTIONS FOR INVESTIGATORS APPENDIX: RESOURCES FOR LOCATING REASONABLE ACCOMMODATIONS INDEX This Enforcement Guidance clarifies the rights and responsibilities of employers and individuals with disabilities regarding reasonable accommodation and undue hardship.
Title I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.
This document was issued prior to enactment of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), which took effect on January 1, 2009.
The ADAAA broadened the statutory definition of disability, as summarized in this list of specific changes. § 12112 (b)(5)(A) (1994) (it is a form of discrimination to fail to provide a reasonable accommodation "unless such covered entity can demonstrate that the accommodation would impose an 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." "(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 (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 (iii) 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." The duty to provide reasonable accommodation is a fundamental statutory requirement because of the nature of discrimination faced by individuals with disabilities.
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.
There are several modifications or adjustments that are not considered forms of reasonable accommodation.
An employer does not have to eliminate an essential function, i.e., a fundamental duty of the position.
Moreover, it would be effective in enabling the employee to perform his job.
A cashier easily becomes fatigued because of lupus and, as a result, has difficulty making it through her shift.
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.