Question: What have the courts determined as resonable accomadation for disabledin the work place?
Answer: The Americans' with Disabilities
Act (42 USC
12102) (referred to here as "ADA") gives Americans with
disabilities federal protection against discrimination in the workplace.
Most employers must provide reasonable accommodations for the disabled
employee. ADA does not define "reasonable accommodation" but
gives examples such as making existing facilities used by employees readily
accessible to and usable by persons with disabilities; job restructuring;
modification of work schedules; providing additional unpaid leave; reassignment
to a vacant position; acquiring or modifying equipment or devices; adjusting
or modifying examinations, training materials, or policies; and providing
qualified readers or interpreters. Reasonable accommodation may be necessary
to apply for a job, to perform job functions, or to enjoy the benefits
and privileges of employment that are enjoyed by people without disabilities.
An employer is not required to lower production standards to make an accommodation.
An employer generally is not obligated
to provide personal use items such as eyeglasses or hearing aids. An employer
is required to make a reasonable accommodation to a qualified individual
with a disability unless doing so would impose an undue hardship on the
operation of the employer's business. Undue hardship means an action that
requires significant difficulty or expense when considered in relation
to factors such as a business' size, financial resources, and the nature
and structure of its operation.
There have not been may court cases concerning
what the definition of "reasonable accommodation" is. Most of
the litigation over this issue is whether the reasonable accommodation
(such as providing voice recognition software for someone who is paralyzed)
is an undue hardship to the employer (such as whether an employer was
justified in refusing to provide voice recognition software because of
the cost).
You can obtain more information concerning
ADA at the Equal Employment Opportunity
Commission's website) and the US Department
of Justice's website.
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