Home  ı  Article's Table of Contents

Introduction to the
Americans with Disabilities Act (ADA)

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:

1. the particular job involved, its purpose, and its essential functions;
2. the employee's limitations and how those limitations can be overcome;
3. the effectiveness an accommodation would have in enabling the individual to perform the job; and
4. 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).

Article's Table of Contents   ı   Previous Page   ı   Next Page