>From the web page
http://www.eeoc.gov/facts/accommodation.html

The U.S. Equal Employment Opportunity Commission

Small Employers And Reasonable Accommodation

Introduction

The Americans with Disabilities Act (ADA) requires an employer
with 15 or more employees to provide reasonable accommodation
for individuals with disabilities, unless it would cause undue
hardship. A reasonable accommodation is any change in the work
environment or in the way a job is performed that enables a
person with a disability to enjoy equal employment
opportunities. There are three categories of "reasonable
accommodations":
  * changes to a job application process
  * changes to the work environment, or to the way a job is
    usually done
  * changes that enable an employee with a disability to enjoy
    equal benefits and privileges of employment (such as access
    to training).

Although many individuals with disabilities can apply for and
perform jobs without any reasonable accommodations, workplace
barriers may keep others from performing jobs which they could
do with some form of accommodation. These barriers may be
physical obstacles (such as inaccessible facilities or
equipment), or they may be procedures or rules (such as rules
concerning when work is performed, when breaks are taken, or how
job tasks are performed). Reasonable accommodation removes
workplace barriers for individuals with disabilities.

This guide answers some of the key questions facing small
businesses in connection with reasonable accommodations. It
explains the obligations of both employers and individuals with
disabilities, and reviews the limits on how far employers must
go in providing reasonable accommodations.

This guide is adapted from the Equal Employment Opportunity
Commission's Enforcement Guidance on Reasonable Accommodation
and Undue Hardship Under the ADA. Small employers wishing to
learn more about reasonable accommodation and undue hardship
should call 1-800-669-3362 to request a free copy of the
Enforcement Guidance, or review it at EEOC's website,
www.eeoc.gov.

Requesting Reasonable Accommodation

  * How must an individual request a reasonable accommodation?

The individual must let the employer know that s/he needs an
adjustment or change at work for a reason related to a medical
condition. An individual may use "plain English" and need not
mention the ADA or use the phrase "reasonable accommodation."
Requests for reasonable accommodation do not need to be in
writing, though an employer may choose to write a memorandum or
letter confirming the request.

  * What must an employer do after receiving a request for
    reasonable accommodation?

When the disability and/or the need for accommodation is not
obvious, the employer may ask the individual for reasonable
documentation about his/her disability and functional
limitations.

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 questions that will enable it to make an
informed decision about the request. This includes asking what
type of reasonable accommodation is needed.

There are extensive public and private resources to help
employers and individuals with disabilities who are not familiar
with possible accommodations. (See the Appendix to this guide
for a resource directory to help identify reasonable
accommodations.)

  * Must an employer provide the reasonable accommodation that
    the individual wants?

The employer may choose among reasonable accommodations as long
as the chosen accommodation is effective (i.e., it removes the
workplace barrier at issue). The employer may offer alternative
suggestions for reasonable accommodations to remove the
workplace barrier in question. If there are two possible
reasonable accommodations, and one costs more or is more
difficult to provide, the employer may choose the one that is
less expensive or easier to provide, as long as it is effective.

  * How quickly must an employer respond to a request for
    reasonable accommodation?

An employer should respond promptly to a request for reasonable
accommodation. If the employer and the individual with a
disability need to engage in an interactive process, this too
should proceed as quickly as possible. Similarly, the employer
should act promptly to provide the reasonable accommodation.

Types Of Reasonable Accommodations

There are many different kinds of reasonable accommodations.
Below is information on some of them.

  * Is restructuring a job a reasonable accommodation?

Yes. This includes: (1) shifting responsibility to other
employees for minor job tasks that an employee is unable to
perform because of a disability; and (2) altering when and/or
how a job task is performed. If an employee is unable to perform
a minor job task because of a disability, an employer can
require the employee to perform a different minor job function
in its place.

  * Is providing leave necessitated by an employee's disability
    a form of reasonable accommodation? 1

Yes, absent undue hardship, providing unpaid leave is a form of
reasonable accommodation. However, an employer does not have to
provide more paid leave than it provides to other employees.

  * May an employer apply a "no-fault" leave policy, under which
    employees are automatically terminated after they have been
    on leave for a certain period of time, to an employee with a
    disability who needs additional leave?

If an employee with a disability needs additional unpaid leave
as a reasonable accommodation, the employer must provide the
employee with the additional leave even if it has a "no-fault"
policy. An employer, however, does not need to provide leave if:
(1) it can provide an effective accommodation that allows the
person to keep working, or (2) it can show that granting
additional leave would cause an undue hardship.

  * When an employee requests leave as a reasonable
    accommodation, may an employer provide an accommodation that
    requires him/her to remain on the job instead?

Yes, if the employer's proposed reasonable accommodation would
be effective and eliminate the need for leave. Accordingly, an
employer may reallocate minor job tasks or provide a temporary
transfer instead of leave, so long as the employee can still
address his/her medical needs.

  * Is a modified or part-time schedule a reasonable
    accommodation?

Yes, absent undue hardship. A modified schedule may involve
adjusting arrival or departure times, providing periodic breaks,
altering when certain job tasks are performed, allowing an
employee to use accrued paid leave, or providing additional
unpaid leave.

  * Is it a reasonable accommodation to modify a workplace
    policy because of an employee's disability?

Yes. For example, granting an employee time off from work or an
adjusted work schedule as a reasonable accommodation may involve
modifying leave or attendance procedures or policies. However,
reasonable accommodation only requires that the employer modify
the policy for an employee with a disability. The employer may
continue to apply the policy to all other employees.

  * Does an employer have to reassign to a vacant position an
    employee who can no longer perform his/her job because of a
    disability?

Yes, unless the employer can show that it would be an undue
hardship. The following criteria apply to reassignment:

An employee must be "qualified" for the new position. This means
that s/he: (1) satisfies the skill, experience, education, and
other job-related requirements of the position, and (2) can
perform the primary job tasks of the new position, with or
without reasonable accommodation. 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.

  * Does a reasonable accommodation include changing a person's
    supervisor?

No. The ADA may, however, require that supervisory methods, such
as the method of communicating assignments, be altered as a form
of reasonable accommodation.

Other Reasonable Accommodation Issues

  * Are there certain things that are not considered reasonable
    accommodations and are therefore not required?

    * An employer does not have to eliminate a primary job
      responsibility.
    * An employer is not required to lower production standards
      that are applied to all employees, though it may have to
      provide reasonable accommodation to enable an employee
      with a disability to meet them.
    * An employer does not have to provide personal use items,
      such as a prosthetic limb, a wheelchair, eyeglasses,
      hearing aids, or similar devices.
    * An employer never has to excuse a violation of a uniformly
      applied conduct rule that is job-related and consistent
      with business necessity. This means, for example, that an
      employer never has to tolerate or excuse violence, threats
      of violence, stealing, or destruction of property. An
      employer may discipline an employee with a disability for
      engaging in such misconduct if it would impose the same
      discipline on an employee without a disability.

  * May an employer tell other employees that someone is
    receiving a 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. An employer may be able to
make this point effectively by reassuring the employee asking
the question that his/her privacy would similarly be respected
if s/he found it necessary to ask the employer for some kind of
workplace change for personal reasons. Employers might also find
it helpful to provide all employees with information about
various laws that require employers to meet certain employee
needs (e.g., the ADA and the Family and Medical Leave Act),
while also requiring them to protect the privacy of employees.

  * May an employer ask whether a reasonable accommodation is
    needed when an employee with a disability has not asked for
    one?

If an employer knows that an employee has a disability, it may
ask whether s/he needs a reasonable accommodation when it
reasonably believes that the employee may need an accommodation.
An employer also may ask an employee with a disability who is
having performance or conduct problems if s/he needs reasonable
accommodation.

Undue Hardship:
Limits On Providing Reasonable Accommodations

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:
  * the nature and cost of the accommodation needed;
  * the overall financial resources of the business; the number
    of persons employed by the business; and the effect on
    expenses and resources of the business;
  * the impact of the accommodation on the business.

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. Also, to the extent that a
portion of the cost of an accommodation causes undue hardship,
the employer should ask the individual with a disability if s/he
will pay the difference.

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.

  * Must an employer modify the work hours of an employee with a
    disability if doing so would prevent other employees from
    performing their jobs?

No. 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.

  * Can an employer deny a request for leave when an employee
    cannot provide a fixed date of return?

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. In other situations,
an employer may be able to be flexible.


Footnote:

1 Employers who are covered by the Family and Medical Leave Act
(FMLA) may have obligations under that law, as well as the ADA.
For more information on how these two laws apply to leave and
modified schedules, employers may consult the EEOC's Enforcement
Guidance on Reasonable Accommodation and Undue Hardship Under
the ADA and the EEOC's Fact Sheet on the FMLA and the ADA.


APPENDIX

Resources For Locating Reasonable Accommodations

U.S. Equal Employment Opportunity Commission
1-800-669-3362 (Voice) 1-800-800-3302 (TT)

The EEOC's Publication Center has many free documents on the
Title I employment provisions of the ADA, including both the
statute, 42 U.S.C. : 12101 et seq. (1994), and the regulations,
29 C.F.R. : 1630 (1997). In addition, the EEOC has published a
great deal of basic information about reasonable accommodation
and undue hardship. The two main sources of interpretive
information are: (1) the Interpretive Guidance accompanying the
Title I regulations (also known as the "Appendix" to the
regulations), 29 C.F.R. pt. 1630 app. :: 1630.2(o), (p), 1630.9
(1997) , and (2) A Technical Assistance Manual on the Employment
Provisions (Title I) of the Americans with Disabilities Act III,
8 FEP Manual (BNA) 405:6981, 6998-7018 (1992). The Manual
includes a 200-page Resource Directory, including federal and
state agencies, rehabilitation agencies (that may be able to pay
some/all of the costs for certain reasonable accommodations),
and disability organizations that can provide assistance in
identifying and locating reasonable accommodations.

The EEOC also has discussed issues involving reasonable
accommodation in the following guidances and documents: (1)
Enforcement Guidance: Preemployment Disability-Related Questions
and Medical Examinations at 5, 6-8, 20, 21-22, 8 FEP Manual
(BNA) 405:7191, 7192-94, 7201 (1995); (2) Enforcement Guidance:
Workers' Compensation and the ADA at 15-20, 8 FEP Manual (BNA)
405:7391, 7398-7401 (1996); (3) Enforcement Guidance: The
Americans with Disabilities Act and Psychiatric Disabilities at
19-28, 8 FEP Manual (BNA) 405:7461, 7470-76 (1997); and (4) Fact
Sheet on the Family and Medical Leave Act, the Americans with
Disabilities Act, and Title VII of the Civil Rights Act of 1964
at 6-9, 8 FEP Manual (BNA) 405:7371, 7374-76 (1996).

Finally, the EEOC has a poster that employers and labor unions
may use to fulfill the ADA's posting requirement.

All of the above-listed documents, with the exception of the ADA
Technical Assistance Manual and Resource Directory and the
poster, are also available through the Internet at
http://www.eeoc.gov.

U.S. Department of Labor (To obtain information on the Family
and Medical Leave Act)

To request written materials: 1-800-959-3652 (Voice)
1-800-326-2577 (TT)
To ask questions: (202) 219-8412 (Voice)

Internal Revenue Service (For information on tax credits and
deductions for providing certain reasonable accommodations)

(202) 622-6060 (Voice)

Job Accommodation Network (JAN)
1-800-232-9675 (Voice/TT)
http://janweb.icdi.wvu.edu/

A service of the President's Committee on Employment of People
with Disabilities. JAN can provide information, free-of-charge,
about many types of reasonable accommodations.

ADA Disability and Business Technical Assistance Centers (DBTACs)
1-800-949-4232 (Voice/TT)

The DBTACs consist of 10 federally funded regional centers that
provide information, training, and technical assistance on the
ADA. Each center works with local business, disability,
governmental, rehabilitation, and other professional networks to
provide current ADA information and assistance, and places
special emphasis on meeting the needs of small businesses. The
DBTACs can make referrals to local sources of expertise in
reasonable accommodations.

Registry of Interpreters for the Deaf
(301) 608-0050 (Voice/TT)

The Registry offers information on locating and using
interpreters and transliteration services.

RESNA Technical Assistance Project
(703) 524-6686 (Voice) (703) 524-6639 (TT)
http://www.resna.org/hometa1.htm

RESNA, the Rehabilitation Engineering and Assistive Technology
Society of North America, can refer individuals to projects in
all 50 states and the six territories offering technical
assistance on technology-related services for individuals with
disabilities. Services may include:
  * information and referral centers to help determine what
    devices may assist a person with a disability (including
    access to large data bases containing information on
    thousands of commercially available assistive technology
    products),
  * centers where individuals can try out devices and equipment,
  * assistance in obtaining funding for and repairing devices,
    and
  * equipment exchange and recycling programs.

This page was last modified on March 1, 1999.

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