JAN consultants have been providing job accommodation information to employers since when JAN was founded. Over the years, JAN consultants have developed practical ideas to help employers provide job accommodations and comply with the ADA.
As new information is available or new issues develop, the Guide will be updated to reflect the changes. If you have an issue that is not addressed in the Guide or if you want to discuss an issue in more detail, please call JAN. When available, links to the EEOC guidance are provided. The ADA is a federal civil rights law that was passed in and went into effect beginning in The focus of this guide is Title I of the ADA, which prohibits discrimination in employment and requires employers to provide reasonable accommodations for employees with disabilities.
The term covered entities includes private employers with 15 or more employees, state and local government employers, employment agencies, labor organizations, and joint labor-management committees.
The term employee means, "an individual employed by an employer. The term disability means: 1 a person who has a physical or mental impairment that substantially limits one or more major life activities, 2 a person with a record of a physical or mental impairment that substantially limits one or more major life activities, and 3 a person who is regarded as having a physical or mental impairment that substantially limits one or more major life activities.
This Act changed the interpretation of the definition of disability. The term essential job functions means the fundamental job duties of the employment position that the individual with a disability holds or desires.
The term essential functions does not include marginal functions of the position. A reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment opportunity. An equal employment opportunity means an opportunity to attain the same level of performance or to enjoy equal benefits and privileges of employment as are available to an average similarly-situated employee without a disability.
The ADA requires reasonable accommodation in three aspects of employment: 1 to ensure equal opportunity in the application process, 2 to enable a qualified individual with a disability to perform the essential functions of a job, and 3 to enable an employee with a disability to enjoy equal benefits and privileges of employment.
Examples of reasonable accommodations include making existing facilities accessible; job restructuring; part-time or modified work schedules; acquiring or modifying equipment; changing tests, training materials, or policies; providing qualified readers or interpreters; and reassignment to a vacant position. The ADA applies to all aspects of employment, including job advertisements, job applications, job interviews, and post-offer medical examinations.
Although many of the ADA rules that apply to applicants and new-hires are the same as the rules for employees, there are some differences. This section discusses the differences. No specific information about the ADA is required on job advertisements or job applications. However, the EEOC advises employers to include information about the essential functions of the job in job announcements, advertisements, and other recruitment notices because specific information about essential functions will attract applicants, including individuals with disabilities, who have appropriate qualifications.
The EEOC also advises employers to consider including a statement in job advertisements and notices that they do not discriminate on the basis of disability or other legally prohibited bases.
We do not discriminate on the basis of race, religion, color, sex, age, national origin or disability. The ADA is a nondiscrimination law. It does not require employers to undertake special activities to recruit people with disabilities. However, it is consistent with the purpose of the ADA for employers to expand their "outreach" to sources of qualified candidates with disabilities. Recruitment activities that have the effect of screening out potential applicants with disabilities may violate the ADA.
For example: If an employer conducts recruitment activity at a college campus, job fair, or other location that is physically inaccessible, or does not make its recruitment activity accessible at such locations to people with visual, hearing or other disabilities, it may be liable if a charge of discrimination is filed.
Employers may invite applicants to voluntarily self-identify for purposes of the employer's affirmative action program if the employer is undertaking affirmative action because of a federal, state, or local law that requires affirmative action for individuals with disabilities, or the employer is voluntarily using the information to benefit individuals with disabilities. According to the EEOC, if an employer invites applicants to voluntarily self-identify in connection with providing affirmative action, the employer must state clearly that the information requested is used solely for affirmative action purposes, that it is being requested on a voluntary basis, that it will be kept confidential in accordance with the ADA, that refusal to provide it will not subject the applicant to any adverse treatment, and that it will be used only in accordance with the ADA.
According to the U. In addition, ODEP co-sponsors the Workforce Recruitment Program WRP to connect public and private sector employers nationwide with postsecondary students and recent graduates with disabilities and many colleges and universities have coordinators of services for students with disabilities who can be helpful in recruitment.
Employers may also be able to locate qualified applicants with disabilities by contacting local independent living centers or organizations representing people who have specific disabilities. Employers have an obligation to make reasonable accommodations to enable applicants with disabilities to apply for jobs. For example, information about jobs should be available in a location that is accessible to people with mobility impairments.
If a job advertisement provides only a telephone number to call for information, a TDD telecommunication device for the deaf number should be included, unless a telephone relay service has been established.
Printed job information in an employment office or on employee bulletin boards should be made available, as needed, to persons with visual or other reading impairments. Preparing information in large print will help make it available to some people with visual impairments.
Information can be recorded or read to applicants with more severe vision impairments and those who have other disabilities that limit reading ability. Employers must either make their online application processes accessible or provide an alternative means for people with disabilities to apply for jobs, unless they can show that doing so would cause an undue hardship.
Employers cannot ask disability-related questions before an offer of employment is made. In general, this means that employers cannot ask questions on job applications that are likely to elicit information about a disability.
For example, employers cannot ask whether an applicant has a physical or mental impairment, has received workers compensation, or was ever addicted to illegal drugs. As a starting point, JAN put together a broad discussion of potential accommodations for testing. A written job description that is prepared before advertising or interviewing applicants for a job will be considered as evidence in determining essential functions along with other relevant factors. However, the job description will not be given greater weight than other relevant evidence.
The ADA does not limit an employer's ability to establish or change the content, nature, or functions of a job. It is the employer's province to establish what a job is and what functions are required to perform it. Under the ADA, employers may not ask disability-related questions or conduct medical examinations until after they make a conditional job offer to an applicant. This helps ensure that an applicant's possible hidden disability including a prior history of a disability is not considered before employers evaluate an applicant's non-medical qualifications.
Employers may not ask disability-related questions or require a medical examination pre-offer even if they intend to look at the answers or results only at the post-offer stage. Although employers may not ask disability-related questions or require medical examinations at the pre-offer stage, they may do a wide variety of things to evaluate whether an applicant is qualified for the job, including asking about an applicant's ability to perform specific job functions, asking about an applicant's non-medical qualifications and skills, and asking applicants to describe or demonstrate how they would perform job tasks.
There are a variety of resources for information about disability etiquette. JAN provides a list of some of the available resources here. Employers have an obligation to make reasonable accommodations to enable applicants with disabilities to participate in the interview process. Accommodations for interviews may include: an accessible interview location for people with mobility impairments, a sign language interpreter for a person who is deaf, a reader for a person who is blind, and modified testing for a person with a learning disability.
A job offer is valid if the employer has evaluated all relevant non-medical information that it reasonably could have obtained and analyzed prior to giving the offer. There may be times when an employer cannot reasonably obtain and evaluate all non-medical information at the pre-offer stage.
If an employer can show that is the case, the offer would still be considered a real offer. Employers do not have to limit offers to current vacancies; they can give offers to fill current vacancies or reasonably anticipated openings.
Employers may also give offers that exceed the number of vacancies or reasonably anticipated openings, but must comply with the ADA when taking people out of the pool to fill actual vacancies. If disability was a reason, the EEOC will determine whether the action was justified. According to the EEOC, once a conditional job offer is made and before an employee starts work, employers may ask any disability-related questions they choose and they may require medical examinations as long as this is done for all entering employees in a particular job category.
In some cases employers may be able to rescind a job offer without violating the ADA. If an employer rejects an applicant after a post offer disability-related question or medical examination and the applicant files a complaint with the EEOC alleging discrimination, EEOC investigators will closely scrutinize whether the rejection was based on the results of that question or examination.
If the question or examination screens out an individual because of a disability, the employer must demonstrate that the reason for the rejection is job-related and consistent with business necessity.
In addition, if the individual is screened out for safety reasons, the employer must demonstrate that the individual poses a "direct threat.
One of the key non-discrimination requirements of Title I of the ADA is the obligation to provide reasonable accommodation for employees with disabilities. This section provides information about what policies and procedures might be useful, how to recognize and handle accommodation requests, how to determine effective accommodations, and what types of accommodations might be reasonable. There are no specific policies or procedures that employers must follow when trying to accommodate an employee with a disability.
However, employers may want to develop formal policies and procedures for several reasons. First, if supervisors, managers, and HR professionals have formal policies and procedures to refer to, they are more likely to handle accommodation requests properly and consistently. Second, a formal policy that is shared with employees helps them know what to expect if they request an accommodation and also helps them understand that other employees might be requesting and receiving accommodations.
Finally, formal procedures help employers document their efforts to comply with the ADA. According to informal guidance from the EEOC, there is no definite answer to this question; it depends on the situation. For example, if an employee cannot perform an essential function of his job and requests an accommodation that requires some research, the employer may consider temporarily removing the essential function until a permanent accommodation can be made.
If an employer chooses to do this, the employer should make clear to the employee that the interim accommodation is temporary. According to the EEOC, an individual may use "plain English" and need not mention the ADA or use the phrase "reasonable accommodation" when requesting an accommodation. Example A: An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing.
Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem. Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. This is a request for reasonable accommodation. Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable.
Although this is a request for a change at work, his statement is insufficient to put the employer on notice that he is requesting reasonable accommodation. He does not link his need for the new chair with a medical condition. Employers may want to designate a person to handle accommodation requests and then train all supervisors, managers, foremen, crew leaders, HR representatives, and others in positions that involve supervision of employees to consult with that designated person if they receive an accommodation request.
Or, if an employer is scheduling a luncheon at a restaurant and is uncertain about what questions it should ask to ensure that the restaurant is accessible for an employee who uses a wheelchair, the employer may first ask the employee.
An employer also may ask an employee with a disability who is having performance or conduct problems if they need reasonable accommodation. No, there are no official request forms under the ADA. According to the EEOC, the employer and the individual with a disability should engage in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation.
The employer may ask the individual relevant questions that will enable it to make an informed decision about the request. This includes asking what type of reasonable accommodation is needed.
The exact nature of the dialogue will vary. In many instances, both the disability and the type of accommodation required will be obvious, and thus there may be little or no need to engage in any discussion.
In other situations, the employer may need to ask questions concerning the nature of the disability and the individual's functional limitations in order to identify an effective accommodation. Additionally, suggestions from the individual with a disability may assist the employer in determining the type of reasonable accommodation to provide. Where the individual or the employer are not familiar with possible accommodations, there are extensive public and private resources to help the employer identify reasonable accommodations once the specific limitations and workplace barriers have been ascertained.
Employers can always contact JAN free of charge. Under the ADA, employers must limit the scope of a medical inquiry in response to an accommodation request. When the disability or need for accommodation is not obvious, an employer may require that the employee provide medical documentation to establish that the employee has an ADA disability, to show that the employee needs the requested accommodation, and to help determine effective accommodation options.
Although the ADA limits the scope of medical requests, it does not include specific forms for requesting medical information. In most situations, employers should first consult with the employee who requested the accommodation to clarify what the individual needs and identify the appropriate reasonable accommodation. Meet the Editors. The ADA gives employees with disabilities the right to reasonable accommodations that will allow them to do their jobs.
What's a Reasonable Accommodation? Negotiating an Accommodation. Following are listed problems that recently surfaced—and their inexpensive solutions.
Problem: A seamstress could not use ordinary scissors due to pain in her wrist. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
For Employees. Losing Your Job. Your Rights To Fair Wages. Your Health and Safety. For Employers. Firing Employees. Wage and Hour Rules. The following criteria apply to reassignment:. An employee must be "qualified" for the new position. The employer does not have to assist the employee to become qualified. An employer does not have to bump other employees or create a position.
Nor does an employer have to promote the employee. Reassignment should be to a position that is equal in pay and status to the position that the employee held, or to one that is as close as possible in terms of pay and status if an equivalent position is not vacant. The ADA may, however, require that supervisory methods, such as the method of communicating assignments, be altered as a form of reasonable accommodation.
No, because this usually amounts to a disclosure that the individual has a disability. The ADA specifically prohibits the disclosure of medical information except in certain limited situations, which do not include disclosure to coworkers.
An employer may certainly respond to a question from an employee about why a coworker is receiving what is perceived as "different" or "special" treatment by emphasizing its policy of assisting any employee who encounters difficulties in the workplace. The employer also may find it helpful to point out that many of the workplace issues encountered by employees are personal, and that, in these circumstances, it is the employer's policy to respect employee privacy.
Employers might also find it helpful to provide all employees with information about various laws that require employers to meet certain employee needs e. An employer never has to provide any reasonable accommodation that causes undue hardship , meaning significant difficulty or expense.
Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive or disruptive, or those that would fundamentally alter the nature or operation of the business. Every request for reasonable accommodation should be evaluated separately to determine if it would impose an undue hardship, taking into account:.
If cost is an issue, an employer should determine whether funding is available from an outside source, such as a state rehabilitation agency, to pay for all or part of the accommodation. In addition, the employer should determine whether it is eligible for certain tax credits or deductions to offset the cost of the accommodation. An employer cannot claim undue hardship based on employees' or customers' fears or prejudices , or because providing a reasonable accommodation might have a negative impact on employee morale.
Employers, however, may claim undue hardship where a reasonable accommodation would be unduly disruptive to other employees' ability to work. If modifying one employee's work hours or granting leave would prevent other employees from doing their jobs, then the significant disruption to the operations of the employer constitutes an undue hardship. In some situations, an employee may be able to provide only an approximate date of return because treatment and recuperation do not always permit exact timetables.
If an employer is able to show that the lack of a fixed return date imposes an undue hardship, then it can deny the leave. Undue hardship could result if the employer can neither plan for the employee's return nor permanently fill the position.
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