Reasonable Accommodations
What is a Reasonable Accommodation?
A reasonable accommodation is any modification done to a work environment that will assist an employee with a disability to participate in the application process or to help them to perform their duties. It also includes, any changes that need to be made to guarantee that the individual with a disability has the same rights and privileges as an employee without disabilities. Appropriate reasonable accommodations will be determined through an interactive process that involves both the individual with the disability and the employer. From this interactive process the employer will find accommodations that will allow the individual to perform their job.
Some people feel that reasonable accommodations are going to cause them undue hardship. However, the law does not stipulate that businesses provide accommodations that will cause them undue hardship, it only asks that the business provides accommodations so the individual can access the building and areas needed and is able to communicate with others. A Study done by Sears indicated that from 1978-1992, they made 436 accommodations. They found, 69% of their accommodations cost nothing, 28% cost less than 1, 000, and only 3% cost more than 1,000.
Examples of reasonable accommodations:
Facilities need to be accessible for employees with disabilities. http://www.usdoj.gov/crt/ada/racheck.pdf
Providing qualified readers and interpreters
Modifying Exams and training
Restructuring a job
Modifying a work schedule
When is a Reasonable Accommodation Required?
The employer is only required to accommodate a disability if the employee has informed them of their disability or if the disability is known. The employer does not need to make an accommodation if the individual does not request one, unless the disability hinders communication. In other words, the employer is not to give preferential treatment to those employees with disabilities, but to level the playfield.
What are the limitations on the obligation to make a reasonable accommodation?
The person requesting the accommodation must be qualified as to have a "disability".
the accommodation must not place an "Undue Hardship" on the business.
What is considered an "Undue Hardship"?
The term "Undue Hardship" is defined as an action requiring significant difficulty or expense. The factors that are taken into consideration are the size, resources, nature, and structure of the employer's operation. Just like with accommodations an "undue hardship" is determined on a case-by-case basis.
Under Title I employment of ADA, the employee is required to make appropriate accommodations to the workforce so that the employee has equal right to those of their fellow workers. The government provides financial assistance to employers to help them make accommodations as well. If a specific accommodation is considered to be a hardship for a company then, the employer must try to identify another accommodation that would not be considered a hardship. In addition, if a company finds that a specific accommodation is a hardship, they must give the employee a chance to pay for the portion that would pose a hardship.
What financial Assistance is available to employers to help them make accommodations and comply with the ADA?
Small business may tax a tax credit of up to 5,000 per year for accommodations made to comply with ADA
15,000 per year is available to any business for architectural or transportation expenses.
Targeted Jobs Tax Credit Program (TJTCP) is a program for employers who hire individuals with disabilities, and is a tax credit up that will pay for up to 40% of the first 6,000 dollars of the first year wages paid to an employee with a disability.
(Provided by Cyndi Weitzel, Andrea Schillinger, & Allison Mazer for fulfillment of EEX4243 11/01)