Reasonable accommodation
Remember that only a qualified individual with a
disability can sue under the ADA.
As stated above:
A "qualified individual with a
disability" is a person with a disability who with or without
reasonable
accommodation, can perform the essential functions of the employment
position that such individual holds or desires." 42 U.S.C. Section 12111 (8).
Now that we have discussed the definition of
disability, the next task is to define "reasonable accommodation."
The text of the ADA states that "reasonable
accommodation" may include:
(A) making existing facilities used by
employees readily accessible to and usable by individuals with disabilities; and
(B) job restructuring, part-time or modified work
schedules, reassignment to vacant position, acquisition or modifications of equipment or
devices, appropriate adjustment or modifications of examinations, training materials or
policies, the provision of qualified readers or interpreters, and other similar
accommodations for individuals with disabilities.
42 U.S.C. Section 12111(9).
The EEOC Regulations further define
"reasonable accommodation" to include:
(i) [m]odifications or adjustments to a job
application process that enable a qualified applicant with a disability to be considered
for the position such applicant desires; or
(ii) [m]odifications or adjustments to the work
environment, or to the manner or circumstances under which the position held or desired is
customarily performed, that enable a qualified individual with a disability to perform the
essential functions of that position; or
(iii) [m]odifications or adjustments that enable
a covered entity's employee with a disability to enjoy equal benefits and privileges of
employment as are enjoyed by its other similarly situated employees without disabilities.
29 C.F.R. Section 1630.2 (o) (1).
In determining whether an accommodation is
reasonable, the employer must consider:
-
the particular job involved, its purpose, and
its essential functions;
-
the employee's limitations and how those
limitations can be overcome;
-
the effectiveness an accommodation would have
in enabling the individual to perform the job; and
-
the preference of the employee.
Sometimes, there will be more than one way to
reasonably accommodate the employee. The employer is not required to give the employee the
reasonable accommodation that the employee prefers -- it is just required to provide a
reasonable accommodation. See, 29 C.F.R. Section 1630.9(a), appendix; and
Keever v.
City of Middletown, 145 F.3d 809 (6th Cir. 1998).
