Reasonable Accommodations

The Americans with Disabilities Act (ADA) is a civil rights law intending to remove barriers to employment, transportation, public services, and telecommunication for Americans with disabilities. Human service providers can proactively support those with disabilities in accessing legal rights. The ADA prohibits discrimination in all employment practices, and employers must provide reasonable accommodations to all qualified people with disabilities. Under the ADA, a person is considered disabled if he or she is limited in one or more life functions, has a record of disability, or is regarded as having a disability. An applicant or employee is qualified if he or she is capable of performing essential duties of the job.

A reasonable accommodation is any adaptation that enables the individual with a disability to equally apply for a job, perform essential job duties, and be involved in the rights and privileges of the job. A reasonable accommodation must effectually meet the needs of the individual. An accommodation is considered reasonable if it appears feasible on its face or is commonsensical.

Reasonable accommodations commonly implemented include making existing environments accessible; restructuring a job; modifying a work schedule; purchasing or adapting equipment; altering tests, materials, or policies; providing interpreters or readers; or reassignment to a vacant position. The ADA defines what is considered reasonable. An accommodation is unreasonable if it eliminates or substantially alters the fundamental duties of the position or if production standards would be reduced. Also, a reasonable accommodation should not cause undue hardship to the employer, defined as significant difficulty or expense. employers are also not required to provide personal items used outside the workplace such as glasses or hearing aids.

Unfortunately, terms such as “reasonable,” “undue hardship,” and “qualified” are vague and have proven difficult to define. Many cases have been litigated, and courts have made progress in clarifying terms, leading to the reauthorized ADA in 2008.