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Americans With Disabilities Act (ADA)
Reasonable Accommodation - On-The-Job
- Under what circumstance might an accommodation be required once an employee is
on the job?
- An employee may become disabled, or a disability may worsen, causing an employee to seek an accommodation. Or the job site, equipment, or tasks may change such that a disabled employee can no longer perform the job without an accommodation. In these circumstances a reasonable accommodation must be made.
- What is a "reasonable accommodation?"
- It is a modification(s) or adjustment(s) which can be made, without undue hardship,
to allow a qualified employee with a disability to perform the essential functions of his/her position.
- It is a modification(s) or adjustment(s) which can be made, without undue hardship,
to allow a qualified employee with a disability to perform the essential functions of his/her position.
- What is "reasonable?"
- "Reasonable" is fact-specific and depends on many variables, e.g., cost, number of other employees, how work is usually performed, standards of the job. Therefore, if an otherwise qualified employee is disabled and seeks an accommodation, and the accommodation is necessary, there is a duty to provide one unless providing one would be an undue hardship. (See "Undue Hardship" on p. 16)
- If an accommodation could be made without undue hardship and is not, what are the consequences?
- Failing to make a reasonable accommodation for an otherwise qualified employee with a disability is illegal discrimination under the Act. There are substantial penalties and other financial liabilities for such discrimination.
- Failing to make a reasonable accommodation for an otherwise qualified employee with a disability is illegal discrimination under the Act. There are substantial penalties and other financial liabilities for such discrimination.
- If an employee becomes disabled and seeks an accommodation, what should the department do?
- The department may need to reexamine the position to determine whether functions previously considered "essential" remain so. If they do, then the department must consider an accommodation. Examples of types of accommodations which should be considered for employees which need not be considered for external applicants include rescheduling in a work unit, restructuring of several positions, part-time or modified work schedules, reassignments, modifications to training materials. (See p. 15 for "Types of Accommodations.")
- Is it the supervisor's responsibility to envision possible accommodations when one is requested, or does the disabled person have some responsibility?
- Ideally the disabled person and the supervisor should work together on an appropriate accommodation; however, it is ultimately the employer's responsibility.
- Ideally the disabled person and the supervisor should work together on an appropriate accommodation; however, it is ultimately the employer's responsibility.
- Who will make decisions about whether requested accommodations can be made?
- Each Vice President and Provost will decide where, within his or her areas, the decision-making will lie. The Office of Employment Equity is available to provide guidance to these individuals.
- If a supervisor suspects that an employee seeking an accommodation is not disabled, or that a sought-for accommodation is not necessary or appropriate, what should be done?
- The individual should be required to provide medical documentation that a disability exists
and that the accommodation sought is necessary and will be effective.
- The individual should be required to provide medical documentation that a disability exists
and that the accommodation sought is necessary and will be effective.
- If an employee seeks an accommodation and a disability is not obvious, may proof of a protected disability be required prior to undertaking accommodations?
- Yes.
- If a supervisor knows that an employee who is requesting an accommodation is not disabled or that the employee does not need the accommodation being sought, what should
be done?
- Discuss the problem within the normal channels. If the employee is not disabled and/or the accommodation being sought is not needed, no accommodation need be made.
- Discuss the problem within the normal channels. If the employee is not disabled and/or the accommodation being sought is not needed, no accommodation need be made.
- If an employee cannot perform a nonessential function, must an accommodation be made to allow him/her to perform that nonessential function?
- An accommodation does not have to be made to allow the employee to perform a nonessential function. If the department wishes to make an accommodation so that the employee can perform the nonessential function, it may; otherwise, the function should be transferred to another position, or exchanged for one the employee is able to perform.
- If a disabled employee requests an accommodation, and that accommodation is made, may the employee request other accommodations?
- Yes. The intent of the Act is to integrate otherwise qualified disabled individuals into the workforce. Therefore, if the additional accommodation is necessary and if it will not pose an undue hardship, it must be provided.
- Yes. The intent of the Act is to integrate otherwise qualified disabled individuals into the workforce. Therefore, if the additional accommodation is necessary and if it will not pose an undue hardship, it must be provided.
- May an accommodation be revoked once granted?
- Yes, if it is later determined that the accommodation has been unnecessary or it is no longer necessary or is an undue hardship.
- Are there time constraints when an accommodation is requested?
- Accommodations should be made as expeditiously as possible so that the disabled employee is productive; however, there are no specific time constraints.
- Accommodations should be made as expeditiously as possible so that the disabled employee is productive; however, there are no specific time constraints.
- Is the employer responsible for providing personal accommodations such as a hearing aid or a wheelchair?
- No.
- Should records be maintained with respect to accommodations offered or made?
- Yes. Such a record would be helpful to future supervisors of employees with a disability and may be helpful to others who need to make accommodations in the future. Supervisors should notify the Office of Employment Equity when an accommodation is made. A form to report an accommodation is available online.
