What have the courts determined as resonable accomadation for disabledin the work place?

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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.

Comments
1 thru 2 of 2 comments	[ 1 ]
On 11/01/02 zan from GA said: Reasonable Accommadations are things a employer does as PART of Business= 'the cost of doing business'. Years ago, workers had no rights and were forced into harmful situations, later the laws prevented that. But employers screamed and lobbied to prevent those laws that would protect righst of worker. Why would employers do that? Money!!! Yet discrimination cost are high- if an employer denied a person with a disability-the employer may lose money because: (1) people with disabilities and their families wont do business with them anymore (2) Loss of employee means re-training and re-schedu
On 10/13/02 Marlowe from WA said: This is a hard topic we all live on the same earth and unless we learn to live together equally some compromises will be useless. If an actual reason can prevent a disabled person from working at his/her best then it's for the best. You must continue to look at the fact that when hireing a person you must take awhile to relize weather it would be best for the company. Buisness is buisness no matter how cruel it is, but still everyone should profit from it.
1 thru 2 of 2 comments	[ 1 ]

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