You really are entitled to reasonable accommodations from employers if you need them.
By Kleo King
Title I of the Americans with Disabilities Act (ADA) is not designed to mandate employment of people with disabilities. Rather, it is designed to give people with disabilities equal access to the job market. It is important to keep in mind that employers have the right to hire the best qualified candidate for a position. It is also important, however, to consider that a qualified employee or applicant with disabilities is one who can perform the essential functions of a job with or without reasonable accommodations.
What kinds of reasonable accommodations are there?
Broad categories of reasonable accommodations may include, but are not limited to:
• making existing facilities used by employees readily accessible to, and usable by, an employee with a disability
• job restructuring, modifying work schedules, re-assignment to a vacant position
• acquiring or modifying equipment or devices,adjusting or modifying examinations, trainingmaterials, or policies, and providing qualifiedreaders or interpreters.
What are examples of reasonable accommodation?
Examples of reasonable accommodation include:
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• raising or lowering the height of an individual’s desk
• purchasing a computer program that an employee with impaired vision or who is blind can use to perform his/her work functions
• modifying common areas such as break rooms,bathroom, and so forth
• providing written information in alternative formats.
When is an accommodation not reasonable?
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.
Most accommodations to employees with disabilities are inexpensive and easy to obtain. An accommodation is unreasonable if it causes an employer an “undue hardship.”
When should you discuss reasonable accommodations or your disability with an employer?
If you need an accommodation, you should ask for it when you are comfortable with asking and when the issue arises.
An employee or applicant with a disability does not have to inform the employer that he or she has a disability unless a reasonable accommodation is needed to participate in the application process or to perform essential job functions. The individual should inform the employer that an accommodation will be needed since employers are required to provide reasonable accommodation only for the physical or mental limitations of a qualified individual with a disability of which the employer is aware. Generally, it is the responsibility of the employee to inform the employer that an accommodation is needed.
Kleo King is program counsel.
