A reasonable accommodation is making an adjustment to a job or work environment that enables a qualified employee with a disability to perform the essential job functions. It may also be necessary for an employer to make a reasonable accommodation so that a qualified applicant can participate in the application process. Reasonable accommodations help ensure that qualified individuals with disabilities have rights and privileges equal to those of nondisabled employees. Included in these rights are equal access to information communicated in the work place and access to training programs. 29 C.F.R. § 1630.2(o).
A reasonable accommodation will remove a workplace barrier for an individual with a disability. Workplace barriers include physical objects as well as policies and procedures.
Many disabilities are not obvious and even when a disability is obvious, the individual may not need a reasonable accommodation to perform essential job functions. Reasonable accommodations are provided on an individual basis. An employer's obligation to provide a reasonable accommodation applies only to known physical or mental disabilities. An employer should inquire about the need for a reasonable accommodation when—
If the employee with the disabililty states that a reasonable accommodation is not needed, the employer has fullfilled its obligation.
When a request for a reasonable accommodation is made, it is up to the employer to determine the appropriate accommodation. There are three categories of reasonable accommodations—
42 U.S.C. § 12111(9)(A).
The following are examples of reasonable accommodations:
Acquiring or modifying equipment or devices.
Job restructuring or working at home.
Modified work schedules.
Reassignment to a vacant position.
Modifying examinations, training materials or policies.
Providing readers and interpreters.
Making the workplace readily accessible for people with disabilities.
42 U.S.C. § 12111(9)(B).
Employers can also provide additional unpaid leave, when it is not an undue hardship. Paid leave is not required, and an employer is not required to grant leave when it can make another accommodation that will allow the employee to keep working, such as a temporary transfer to another position.
Under the ADA, when an employee with a disability can no longer perform the essential functions of a job and there is a job opening for which the employee is qualified, the employee may be reassigned as a reasonable accommodation. However, employers are not required to create new positions, bump other employees to create a vacancy, or promote employees with disabilities to jobs where they can perform the essential functions. The reassignment should be to a position that has equal pay and status, but if a comparable position is not vacant the employer may assign the employee to a vacant position with lower pay if the employee meets the job qualifications. An employer can not require an employee with a disability to accept a reasonable accommodation if the accommodation is not requested or needed. However, if an employee with a disability turns down an accommodation needed to perform the essential functions of the job, they may be considered not qualified for the job.
Examples of things that are not considered reasonable accommodations include—