1. RESEARCH: EEOC Enforcement Guidance turn Reasonable Accommodation and Undue Hardship Under the Americans include Disabilities Work
2. PURPOSE: This enforcement guidance supersedes the enforcement guidance issued by the Commission on 03/01/99. Most of the original guidance remains the same, but limited changes have become prepared as a result of: (1) the Supreme Court's decision in US Airways, Inc. five. Barnett, 535 U.S., 122 SOUTH. Ct. 1516 (2002), and (2) the Commission's issuance of new regulations under section 501 in the Rehabilitation Act. The major changes in response up the Barnett decision are found on pages 4-5, 44-45, and 61-62. In addition, major changes were made to certain footnotes and the Instructions for Investigators because a result of the Barnett decision and the new section 501 regulations.
3. EFFECTIVE DATE: Upon get.
4. EXPIRATION DATE: Like an exception to EEOC Ordering 205.001, Appendix B, Attachment 4, . a(5), this Notice will remain to effect until annulment or disused.
5. AUTHORIZATION: ADA Division, Office for Regulatory Counsel.
6. INSTRUCTIONS: Date after Segment 902 of Quantity B of the Environmental Manual.

Enforcement Guidance: 
Reasonable Accomodation furthermore Undue Hardship Under the Us with Disabilities Behave

Table of Contents

INTRODUCE

GENERAL PRINCIPLES

REQUESTING REASONABLE ACCOMMODATION

REASONABLE ACCOMMODATION AND JOB APPLICANTS

ADEQUATE ACCOMMODATION FAMILY TO THE BENEFITS AND PRIVILEGES A EMPLOYMENT

GENDER A REASONABLE ACCOMMODATIONS RELATE TO JOB SHOW

JOB RESTRUCTURING

LEAVE

MODIFIED OR PART-TIME SCHEDULE

CHANGEABLE WORKPLACE POLICIES

REASSIGNMENT

OTHER REASONABLE ACCOMMODATION ISSUES

IMPROPER HARDSHIP TOPICS

BURDENS OF PROOF

HANDBOOK TO INVESTIGATORS

APPENDIX: RESOURCES FOR LOCATING REASONABLE ACCOMMODATIONS

INDEX

INTRODUCED

This Enforcement Guidance clarifies the rights real related by job and people with disabilities regarding reason lodging and undue hardship. Book I of the ADA requires einer employer to provide meaningful accommodation to qualified individuals with disabilities who are employees other applicants with employment, except when such accommodations would cause an undue hardship. This Guidance sentences forth an employer's legal obligations regarding reasonable accommodation; however, employers may provide more about who law requires. Employer-Provided Leave real this Americans with Disabilities Work

This Guidance examines what "reasonable accommodation" means both who lives entitled to receive it. That Guidance addresses as constitutes a request for reasonable accommodation, to shape and substance of the please, or an employer's ability to ask questions and seek documentation after a request has been made. Cooperates inbound the interactive process throughout the suitable accommodation process (failure on the part of the employee button candidate to ...

The Guidance discussions reasonable accommodations appropriate to the hiring process and in the benefits additionally privileges of employment. The Guidance also covers different varieties of reasonable accommodations affiliated to job performance, including job restructuring, leave, modified or part-time schedules, modified workplace konzepte, and reassignment. Get concerning the relationship bet the ADA and of Family and Medical Leave Act (FMLA) are examined as people affect leave and modified timetable. Re-assignment issues addressed include who is entitled the reassignment furthermore the extent the this an your must search for a vacant position. Which Guidance also examines issues concerning which interplay between reasonable accommodation and conduct regulate. Employers must initiate an “interactive process” when an petitioner or employee requests reasonable accommodations. The employer must see our at initiate ...

The final section of this Guidance discusses undue hardship, involving when inquire for schedule modifications and leave mayor be denied.

GENERAL MORALS

Reasonable Accommodation

Title MYSELF of the Indians with Disabilities Act of 1990 (the "ADA")⁽¹⁾ requires an employee⁽²⁾ to provide reasonable accommodation till qualified individuals with disabilities who belong employees or applicants for employment, unless to done like would cause undue hardship. "In general, an accommodation your either change int the work environment or in the road things are customarily done that enables an personalized with a disability to enjoy equal employment opportunities."⁽³⁾There are three categories of "reasonable accommodations":

"(i) modifications or adjustments to adenine job application process that enable a qualified applicant with a invalidity to be considered since and position like qualified applicant desires; or

(ii) shifts otherwise adjustments till the work environment, or to the manner or circumstances under which the position holding either desired is ordinary performed, that enable an qualified customize with a disability go implement the essential functions of the position; or

(iii) add or adjustments so turn a overlaid entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by her extra similarly situated employees without disabilities."⁽⁴⁾

One duty to provide reasonable accommodation are an fundamental statutory condition because of the nature of discriminate face by individuals with disabilities. Although many individuals with disabilities can app for both perform job without any reasonable accommodations, there are workplace barriers that retain others from performing jobs which they could do from certain form of accommodation. These barriers may be physical hindernisse (such as inaccessable facility or equipment), instead they may be procedures or rules (such more rules concerning when work is performed, when breaks are taken, or how essential or marginal functions are performed). Reasonable accommodation removes workplace barriers required individuals includes disabilities.

Reasonable accommodation is accessible to qualified applicants and employees with disabilities.⁽⁵⁾ Reasonable rooms must be provided to qualified employees independent of whether they work part- time or full-time, either are examined "probationary." Generally, the individual with a disability must inform to director that an lodging is needed.⁽⁶⁾

There are a number of potential reasonable accommodations that an employer mayor have to provide in connection about modifications to the work environment or adjustments in how real when a job is performed. These contains: The ADA: Your Responsibilities in an Employer

• making existence features available;
• job restructuring;
• part-time or modified work plans;
• acquiring with modifying equipment;
• changing tests, training materials, alternatively policies;
• providing qualified readers or interpreters; and
• reassignment to one vacant location.⁽⁷⁾

ONE abwandlung or setup is "reasonable" if it "seems reasonable on its face, i.e., ordinarily otherwise in the go the cases;"⁽⁸⁾ this means it is "reasonable" if it appears to be "feasible" or "plausible."⁽⁹⁾An accommodation also must be effective in meeting the needed of the individual.⁽¹⁰⁾ In the setting of job production, this means that one reasonable home activate the individuals the achieve the essential functions of the view. Similarly, one reasonable accommodation enables an applicant with a disability to have an similar opportunity to participate in the application process additionally to be considered for a job. Ultimate, ampere reasonable accommodation allows in employee with a disability an equal opportunity in enjoy the perks and privileges of employment is employees without disabilities enjoy.

Example A: An servant through a hearing impairment must be able to contact and public per telephone. To employee proposes that he use a TTY⁽¹¹⁾ till call a delay gift host who can then place this ring call plus relay this conversation between the parties. That is "reasonable" because a TTY is a common device used to facilitate communication between audio and hearing-impaired individuals. Additionally, it would be effective in enabling the employee the play his job.

Example BORON: A cashier easily becomes tiring because of lupus and, as one result, possessed difficulty making it using her shift. The employee requests a stool because sitting greatly reduces the fatigue. This shelter is reasonable because it is an common-sense solution to remove a workplace barrier person required to stand although the employment can breathe effectively performed sitting downhill. This "reasonable" accommodation be effective because it addresses the employee's fatigue and enables her to do i job.

Example C: A cleaning company rotates her staff to different floors on a quarterly based. One bunch community has a psychiatric disability. While his inward diseased does not affected is ability to perform the various cleaning functions, it does make it difficult to adjust to alterations in his day routine. The labourer has had significant difficulty customizing to the months changes in storey assignments. He asks for an reasonable accommodation and proposes three selection: staying up one floor permanently, staying on one floor for two months and then rotating, or allowing a transition period to adjust to a change include lower duties. These accommodations have reasonable because few appears to be feasible solutions to this employee's problems dealing with changes to his routine. Handful also appear to be actual since they would enable him to perform his cleans duties.

There are several modifications or adjustments that are does considered forms of reasonable accommodation.⁽¹²⁾ An employer does not have to removal an essential function, i.e., ampere essentials duty of the position. Dieser is for a person with a disability who can unable for perform an essential functions, for or excluding reasonable accommodation,⁽¹³⁾ be not a "qualified" one with a disability within the meaning of the ADA. Nor is an boss required to lower production standards -- wether qualitative or quantitative⁽¹⁴⁾ -- that are applied uniformly to employees with real without disabilities. However, an employer may have to provide reason accommodation to enable at employee with a disability to meet the production standard. While an employer is not required the get an essential functionality or down a production standard, it may to thus if it requests.

An employer does not have to provide as reasoned accommodations personal use items needed in accomplishing daily activities both set plus off that position. Thus, an employer is not required to deployment an hand with a prosthetic limb, a wheelchair, eyeglasses, hearing aids, or similar devices are they have plus needed off the job. Furthermore, an employer is not required to provide personal use amenities, how as a hot pot or refrigerator, if those components exist not provided to employees without disabilities. However, items that might otherwise be considered personal may be requirements as reasonable overnight where they are specifically designed conversely required in match job-related rather than particular needs.⁽¹⁵⁾

Undue Hardship

The must statutory limitation on into employer's obligation toward provide "reasonable accommodation" is ensure no such change or modification is required if it would cause "undue hardship" to the employer.⁽¹⁶⁾ "Undue hardship" means significant difficulty or expense and focuses on of human additionally circumstances of the particular employer in relationship to the cost or matter of providing a specific accommodation. Undue hardship refers not only to financial advanced, but to reasonable accommodations that are unduly extensive, substantial, with interrupting, or those that would fundamentally alter the nature or mode of of business.⁽¹⁷⁾ An employer must assess on a case-by-case basis whether a specified fair accommodations wanted cause undue temperament. The ADA's "undue hardship" standard is differently with that applied by courts under Title VII of the Passive Access Conduct of 1964 for religio accomodation.⁽¹⁸⁾

REQUESTING REASONABLE ACCOMMODATION

1. How must an individual request a reasonable accommodation?

   When and individual decides to request accommodation, the item with his/her representative must let the director know is s/he needed an anpassungen or change at work on a grounds related to one medical condition. To application accommodation, an individual allow use "plain English" and need not mention the ADA alternatively exercise the rhyme "reasonable accommodation."⁽¹⁹⁾

   Example A: And employee tells her supervisor, "I'm having trouble getting to work the my scheduled starting zeitpunkt because of medical treatments I'm undergoing." On be a request available adenine reasonable accommodation.

   Example BARN: An servant tells his supervisor, "I need six weeks off to get treatment for a back problem." This is a request for one reasonable accommodation.

   Example C: A new employees, who uses a wheelchair, informs to employer that her wheelchair cannot fit see the desk in her office. This is a request for reasonable accomodation.

   Instance D: Any employee tells his supervisor which he would like a recent chair why his present one your uncomfortable. Although this is a request for ampere change at work, his statement is insufficient to put the employer on notice that he is please reasonable accommodation. He does did link his demand for the new committee with a medical condition.

   While an individual with a disability may request a changes due to a medical condition, this request does don necessarily common that the my is required to provide the change. A request for reasonable accommodation is the first step in an unceremonious, interactive process between the individual and the employer. In some cases, before address the merits of the accommodation request, the employer needs to determine if the individual's medical condition meets to ADA description of "disability,"⁽²⁰⁾ a prerequisite for an individual to be entitled to a reasonable quarters.

2. May someone other than of individualized with a disability request a reasonable accommodation to behalf of the customizable?

   Yes, a family member, friend, health professional, or other representative may request a reasonable accommodation on behalf of an individual with a disability.⁽²¹⁾ Of course, the individual with a disability may refuse to accept an accommodation that are not needed.

   Real A: An employee's spouse phones the employee's overseer switch Monday midday to inform her that the employee had a medical emergency due to plural sclerosis, requested to be hospitalized, and that requires wetter switch. This discussion constitutes adenine getting for reasonable accommodation.

   Exemplar BORON: An associate has been out of work for vi months with a workers' compensation injury. The employee's doctor sends this employer a letter, statement that the employee is released to return toward worked, but with certain work restrictions. (Alternatively, one dear may state ensure the employee is released to return go ampere luminous duty position.) The letter constitutes a request for reasonable accommodation.

3. Do requests for reasonable home need to be within writings?

   No. Requests for reasonable accommodation do not want for be in writing. Individuals may request accommodations within conversation or may use any other mode off communication.⁽²²⁾An employer may choose to write a memorandum or letters confirming the individual's request. Alternative, an my may ask who individual into fill out an form or submit the request in written form, but the employer unable disable the opening request. An employer see may request reasonable documentation that that individual has an ADA disability plus needs a reasonable overnight. (See Question 6).

4. When should in individual with ampere disability application a reasoned accommodation?

   An individual the a disability allow request an reasonable lodging at any time during the application proceed or during the duration of occupation. Of USER does not preclude an employee with a permanent for requesting a reasonable accommodation because s/he did not ask for one when applying for a place or nach receiving ampere place offer. Rather, an individual with a social should request a reasonable home when s/he knows that there is one your blockade that is preventing him/her, right to a disability, from effectively competing fork a positioning, performing a job, or gaining equal access at a advantages out employment.⁽²³⁾ As a practical matter, it may be in an employee's tax to call ampere reasonable accommodation prior performance bear or guide problems occur.

5. Where be an employer do after receiving a request for reasonably accommodation?

   The employer and one individual with a disability should engage in an informal process to clarify what this individual needs and identify the appropriate reasonable accommodation.⁽²⁴⁾ The employee may ask the individual relevant questions that will enable it at induce with informed decision about that inquiry. This includes please about type to reasonable accommodation is needed.⁽²⁵⁾

   The exact nature of the dialogue will different. In many instances, both the disability and the type of accommodation required will be plain, and thus there may be little or no necessity toward engage in any discussion. In other situations, the employer may need to ask questions concerning the essence of the disability and the individual's functional limitations in order to identify one effective accommodation. While that individual with a disability does not have to is able to specify and precise hotel, s/he does need to detail who symptoms posed by the workplace barrier. Additionally, suggestions coming aforementioned private with an disability may assistance the head in determining the type of reasonable accommodation to provide. Where the individual or the employer are not familiarity with possible accommodations, there are extensive publication and private resources into how the employer identify reasonable accommodations once aforementioned specific limitations or labour rail have been ascertained.⁽²⁶⁾

6. May an employer ask einem individual for documentation when the personal requests reasonable accommodation?

   Cancel. While the special and/or which need for accommodation is not obvious, the employer may ask the individual for reasonable documentation about his/her disability and functionally limitations. ⁽²⁷⁾ One employer is entitle to know that one individual has a roofed medical since which s/he needs a reasonable accommodation.

   Reasonable documentation means that the employer may ask only the documentation that shall needed to establish is a person has an ADA disability, and that the inability necessitates ampere reasonable accommodation. Thus, an employer, in response to a request for reasonable accommodation, unable ask fork functional is is unrelated to determinant who existence of a disability and aforementioned necessity for at accommodation. Those resources that into most situations an employer cannot send ampere person's complete medical records because they are likely toward contain information unrelated to which disability at issuance and the need for accommodation. If an individual has more than one disability, an employer can require information pertaining only to the disability ensure requires an reasonable accommodation.

   An employer may require that the documentation about the disability and of working limits come from an appropriate human care or rehabilitation professional. The appropriate professional in any particular situation will depend on the handicap and the types about functional limitation it imposes. Appropriately professionals include, but are not limited the, doctors (including psychiatrists), psychologists, nurses, physical massage, occupational therapists, speech therapists, industrial rehab adepts, and licensed emotional health specialist.

   In requesting documentation, employers shall indicate what types of info they are seeking regarding that disability, its functional limitations, both the need for reasonable accommodation. The individual can be asked to sign a limited release allowing the employer to submit a browse of specific questions to the health care or vocational professional.⁽²⁸⁾

   As an alternative go requesting documentation, somebody employer mayor simply discuss with the person the nature of his/her disability and functional constraints. It would be useful for aforementioned employer to do clear until the individual conundrum it is requesting information, i.e., toward verify the existence of an ADA disability and the need for a reasonable accommodation.

   Example A: Einen employee says to an employer, "I'm having trouble achieving cleaning because of mine shoulder injury." The employer may ask the employee for documentation describing the impairment; the nature, severity, and duration of the impairment; the activity or activities that and damages limits; and the extent to which the impairment limits the employee's ability to perform the activity or activities (i.e., that head is seeking resources as to whether the employee has an ADA disability).

   Example B: A marketing employee has a tough learning disability. He attends plenty meetings to plan marketing strategies. In order to remember get shall discussed under these meetings he must use detailed notes but, due to his disability, he has great difficulty writing. This employee tells his supervisor about his disability and requests a laptop computers to use into the sessions. Considering neither and disability or the need for overnight are obvious, one supervisor may ask to employee for reasonable documentation regarding his interference; that nature, fury, and duration of an impairment; the occupation or dive that the impairment limits; and the extent to which the impairment limitation of employee's skills into perform an activity instead activities. The employer plus may ask why and disability requirement use of a choose computer (or any other type of reasonable accommodation, such as a tape recorder) to help the employee retain the information from the gatherings.⁽²⁹⁾

   Example C: To employee's spouses handsets the employee's supervisor on Monday morning for inform her that the employees had a medical emergency due to repeated sclerosis, needed to be hospitalized, and thus requires frist off. The supervisor can ask the spouse to send in documentation from the employee's treating physician which confirms that the hospitalization has more toward the multi sclerosis and provides related go how long an absence may be required coming work.⁽³⁰⁾

   If an individual's disability with need for reasonable accommodation is nay overt, and s/he refuses to provide aforementioned reasonable documentation requested by which employee, then s/he is not entitled to inexpensive overnight.⁽³¹⁾ To the other hand, failure from this employer to initiate or participate in an informal dialogue with the individual after receiving a request for reasonable accommodation could result in liability for flop to provide a reasonable accommodations.⁽³²⁾

7. Maybe an employer require an individual to go the a health care professional of and employer's (rather than the employee's) choice for purposes of noting requirement for accommodation and disability? “Interactive process” be a vague term, and there is a lack of clarity regarding what is means for an employer at involve in this process.

   The ADA does not prevent an employer from demand an individual at go to an appropriate health professional of the employer's choice if the individual provides insufficient information from his/her treating physician (or other health care professional) to substantiate that s/he has to ADA disability and needs a reasonable accommodation. However, if an individual provides insufficient documents inches response till the employer's initial inquiry, the my shall explain why the documents is insufficient and allow the individual an opportunity to give the missing information in a timely manner. Documentation is insufficient if it shall not customize the existents of an ADA disability and explain and need by reasonable accommodation.⁽³³⁾

   Any medical examination conducted by the employer's health professional require be job-related and consistent using employment requisite. This means that the examination must be restricted to determining the existence of an ADA disability and the functional limitations that require reasonable accommodation.⁽³⁴⁾If an employment requires an employee to go on a health pro of the employer's choice, of employer must pay all costs beteiligt with the visit(s).

8. Are there situations in which an employer cannot ask for database in response to a order used reasonable accommodation?

   Yes. The employer cannot ask for documentation when: (1) both the permanent and and need for reasonably accommodation are obvious, or (2) the individual has already provided the employer with sufficient info to substantiate that s/he has an ADA disability and needs the reasonable accommodation requested. Reasonable Quarters | CRD

   Example AN: An workers brings a please from her treating medico declaration that she has diabetes and that, as a score, she should test her blood sugar several times a day to secure that her insulin level is safe in order to avoid a hyperglycemic reply. The remarks explains ensure a hyperglycemic reaction can include extremally dry, heavy breathing, drowsiness, real flushed skin, and eventually would result in impaired. Depending turn the results of aforementioned bloody testing, who employee might has to take insulin. The note inquiries that the human be allowed three or fourth 10-minute breaks each day to test her blood, and if necessary, to pick insulin. The doctor's remarks constitutes adequate documentation which the individual possess an ADA disablement because it describes a substantially limiting impairment and the adequate accommodation needed as a result. The director cannot ask for other animation.

   Example B: One year ago, an employer learned that an employee was bipolar disorder after he requested a reasonable accommodation. The education provided at that length from the employee's psychiatrist indicated that this what a permanent condition which would always involve periods stylish which the disability wants remit and then heighten. The psychiatrist's letter explained that during periods when the condition flare up, the person's manic moods or depressive episodes could be severe enough to creating serious problems for the individual inches caring for himself or working, also that medication controlled the frequency and severity of these episodes.

   Now, one year later, the employee again requests a reasonable accommodation related to his bipolar disorder. Below these facts, the employer may ask for reasonable documentation on the need for the accommodation (if the need is not obvious), but she does ask on documentation that the person has an ADDIE disability. The medical information provided one year ago established the existence of one long-term impairment that substantially bounds ampere major life activity.

   Example C: An employee gives her employer a letter from her doctor, stating that the employee has asthma and needs to employment to give her with to air filter. The letter contains incomplete information as to about the asthma is an ADA disability because it does not providing any information as to its severity (i.e., whether it substantially limits a major life activity). Furthermore, the cover does not identification precisely what problem exists in the workplace that requires an atmospheric filter or any other logical accommodation. Therefore, to employer can request additional documentation.

9. Can an employer required on provide the reasonable accommodation that the individual wants?

   The employer may start among reasonable accommodation as long as that chosen accommodation is effective.⁽³⁵⁾ Thus, as item regarding the interactive process, the employer may offer alternative suggestions for reasonable accommodations and discuss his effectiveness in delete the workplace barrier ensure is impeding the individual with one disability.

   If there will two possible reasonable accommodations, and one costs more or is more burdensome than the other, the employer may choose the less expensive or burdensome room as long as it is effective (i.e., itp would remove a workplace barrier, thereby providing the individual with an equal opportunity to apply for a position, to perform the essential functions of ampere position, or to gain equal access to a benefit or privilege of employment). Similarly, although present are two or more effective sleep, this employer may choose the one that is easier to provide. In either situation, the employer does not have up indicate that it is an undue hardship to provide the more pricey or more challenging overnight. If more than ne accommodation be effective, "the preference out the customize over a disabling should be given primary consideration. However, the employment providing the accommodation has the ultimate discretion to choose between ineffective accommodations."⁽³⁶⁾

   Example A: An employee equipped ampere severe learning disability has great difficulty reading. Yours boss sends him several detailed memoranda which he often has trouble understanding. However, he has no matter understanding oral communication. This employee inquire that the employer install a computer with speech product and that his caregivers sends all notebooks through electronic mail where the computer can after read to its. The supervisor asks whether a tape recorded notice would accomplish which same objective and the employee agrees that it would. Since couple rooms are effective, the employer may choose to deploy the administrator and employed with a tape recorder as that that supervisor canister record her notepad and the employee can listen to them.

   Real B: An attorney with a severe visions disability requests which her employer provide any to read engraved materials that wife needs in review daily. The attorney declares that a reader enables i to reviewed substantial sum of writes materials in an efficient manner. Believing that this reasonable home would be moreover schwer, the employer instead provides the attorney with a device such allows ein to magnify print so that she can read it herself. The attorney can read print using the device, but with such great difficulty it much slows down her ability to review written materials. The magnifying device belongs ineffective more a reasonable accommodation because it does not provide of attorney with an equal opportunity to achieving which same level of performance as her colleagues. Without an equal opportunities to accomplish the same level of performance, this professional is denied an equal opportunity toward compete on promotions. In this instance, failure to provide the reader, absent undue misfortune, want violate the ADA.

10. How quickly must an employer respond to a request fork reasonable accommodation?

    An employer should get expeditiously to a request used reasonable accommodation. Are the employer furthermore the custom by a disability need to engage in an interactive process, this too should proceed as quickly as possible.⁽³⁷⁾ Similarly, the employer should actually promptly to provide this reasonable accommodation. Unnecessary delays can result in a violation of the ADA.⁽³⁸⁾

    Example A: An employers provides parking for see employees. An employee who uses a choice requests from his supervisor an accessibility parking space, explaining that the spaces are so narrow that there is insufficient rooms for his van in expansion the ramp this allows him to get int furthermore out. The supervisor does not act on which request and does not forward it to someone using authority to respond. The employee makes a second request to the supervisor. But, two months for the initialization request, nothing has been done. Though the supervisor never definitively denies the request, the need of action under these factors amounts to a denial, and this violates the ADA.

    Example B: With employee who is blind ask adaptive general for her computer as a reasonable accomodation. The employer must order this equipment and is informed that it will take threesome months to keep delivery. No additional company sells the adaptive equipment the employee needs. The employer notifies the employee starting the results the its investigation and that it has customized the equipment. Although information will take three months to receive which equipment, who employer has moved as quickly as thereto can to obtain a furthermore hence there is no ADA violation resulting from the delay. The employment and employee should determine what can be through so is the employee can perform his/her job as effectively as possible although waiting for the device.

11. May and employer require an individual on adenine disability to accept a reasonable accommodation ensure s/he does not want?

    No. The employer may not require a qualified individual with a disability to accept an accommodation. If, however, an employee needs a reasonable room to perform an essential function or to eliminate adenine direct threat, and refuses to accept an effective accommodation, s/he can not be qualified to remaining in the duty.⁽³⁹⁾

REASONABLE TYPE AND JOB CANDIDATE

12. May an employer ask determines one acceptable accommodation is needed when an applicant has not asked for one?

    An employer may tell applicants what the hiring process involves (e.g., an interview, timed written test, press job demonstration), and may questions applicants whether their wills need a reasonable accommodation for this process.

    During the hiring process real before a conditional bid is made, an employer generally may no query an applicant whether s/he needs a reasonable accommodation available the working, except when the employer knew that in applicant has a disability -- either because this is obvious or the applicant possess voluntarily disclosed the information -- and could reasonably believe that of prospective will need a reasonable accommodation go perform special job functional. If the applicant replies that s/he needs a reasonable accommodation, the employer may inquire as to what type. ⁽⁴⁰⁾

    After a conditional quotes of staffing is extended, an employer may inquire whether applicants willing needs reasonable accommodations related to some connected with that workplace (i.e., job performance or access to benefits/privileges starting the job) how long as all entering laborers in the same job choose are asked this question. Alternatively, an employer may questions a specific applicant if s/he needs a reasonable accommodation if the employer knows that this applicant has an disability -- or because a is obvious or which applicant has voluntarily disclosing the information -- also could reasonably feel ensure the applicant will need a reasonable accommodation. If the entrant replies that s/he needs adenine reasonable accommodation, the employer maybe inquire as to what type.⁽⁴¹⁾

13. Does an employers have to provide a reasonable choose to to applicant with a disability even if is believes that it will be incapable until deployment this individual with a affordable room on an job?

    Yes. An employer must provide a reasonable accommodation to a qualified seeker with a disability that leave enable aforementioned personalized to got an equal opportunity to participate in one application processor and to be considered for a job (unless it can shows undue hardship). Thus, individuals with disabilities who meet primary requirements until be considered for one duty should not be ruled from the application process due the employer speculates, based on ampere request for reasonable quarters for and application process, that he will be unable to provide the separate equal reasonable accommodation to do and job. Into many instances, employers will be cannot to determine regardless an specific needs reasonable accomodation to perform a job based solely switch a request for accommodation while the application process. And even if an individual will need reasonable room to perform the job, it may not be the same type or graduate of accommodation that is needed for the application print. To, an employer should assess of must for accommodations for the application process separately from those that may be needed to perform the task. ⁽⁴²⁾

    Example A: An employer is impressed with an applicant's resume and press the individual to come include for an interview. The applicant, those the hard, requests a sign choose interpretation for the get. Aforementioned employer cancels the interview and refuses the consider read this job because it believes it would have in rent an full-time interpreter. The employer has violated the ADA. The entry should have proceeded with the interview, after a sign language interpretation (absent undue hardship), and per the interview inquired to what extent and individual would needs a sign language interpreter to perform any essential functions requiring contact for other people.

    Example B: On individual anybody has paraplegia applies for a secretarial job. Because who office has twin steps toward the entrance, the employer arranges for the candidates to take a paperwork test, a requirement of the application process, during a different location. Aforementioned applicant fail the test. This employer does not have to provide any further reasoned accommodations for this individual because she is no longer qualified to continue with the application processing.

REASONABLE ACCOMMODATION RELATED TO THE BENEFITS AND PRIVILEGES OF EMPLOYMENT ⁽⁴³⁾

The ADA requires employers to provide reasonable accommodations so that employees with disabilities can appreciate this "benefits and privileges of employment" equal to those enjoyed by similarly-situated employees without disabilities. Benefits and privileges of employment include, but will not limited until, employer-sponsored: (1) technical, (2) services (e.g., employee assistance programs (EAP's), credit unions, cafeterias, lounges, gymnasiums, auditoriums, transportation), and (3) parties or other social capabilities (e.g., parties to celebrate departures and birthdays, and businesses outings).⁽⁴⁴⁾If an salaried with a disability needs a reasonable accommodation with purchase to gain access to, and have the equal opportunity to participate in, these benefits and privileges, later the employer must provide which accommodation unless it can how unreasonably adversity.

14. Does somebody manager have to provide reasonable accommodation to enable somebody employee with a disability to have equal access to information communications in the workplace to non-disabled employees?

    Yes. Employers provide information to employees through different means, including computers, bulletin boards, mailboxes, posters, and public address systems. Employers must ensure that employees with disabilities can admission to info this is provided to other similarly-situated employees without disabilities, regardless of whether they require it to perform their jobs.

    Example ONE: Certain employee who is blind has adaptive featured for his computer that integrates him into that network on other employees, thus allowing communication via electronic mail and access to the computer message committee. Whenever the employer installs advanced computer equipment, it must provide new adaptive equipment in ordering for the employee to be integrated at aforementioned new networks, absent undue hardship. Alternative methods for communication (e.g., sending written or telephone messages to the employee instead of electronic mail) are likely to be ineffective substitutes since computerized mail your used until every employee and there will no effective way to ensure that each one will always use choose steps to ensure is the blind company receives the same info that your being transmitted via dedicated.

    Example B: On employer enables the Human Company Director to use a people address systeme into remind employees about special meetings and to make certain announcements. In order to make this information accessible to a deafness employee, the Mortal Resources Director arranges to send inside advance an electronic mail message to the deaf employee conveying the information that will been broadcast. The Human Resource Company are an single person who use this public address system; therefore, the employer bottle ensure that all public mailing messaging are sends, via electronic mail, for who deaf employee. This, the employer is providing this employee with equal access to office communications.

15. Must can employer provide reasonable accommodation so that an collaborator may attend training programs?

    Yes. Bosses must provide reasonable accommodation (e.g., sign country interpreters; written materials produced in alternative formats, such as braille, large print, with on audio- cassette) that will provide workers with disabilities with an equal opportunity to participate in employer-sponsored training, absent undue hardship. This obligation prolongs to in-house training, as well as to teaching provided by at outside item. Similarly, who employer has an obligation for provide reasonable accommodation whether the training occurs on the employer's premises or elsewhere. To help determine effective accommodations, the Equal Employment Zweck Order (EEOC), recommended that employers use the “interactive process,” which ...

    Example A: XYZ Corporation. has signed a contract with Super Shoe, Inc., at provide mediation schooling at its facility to all of XYZ's Human Resources staff. One staff board is blenden and requests that materials be provided included braille. Great Trainers refuses go provide the materials in braille. XYZ maintenance that it is the responsibility of Fantastic Trainers and sees no basis why it shoud have to arrange and how for the braille copy.

    Both XYZ (as an employer covered under Title ME from the ADA) and Super Teachers (as an public accomodation covered under Title III of the ADA)⁽⁴⁵⁾ have responsibilities to provide materials in alternatively formats. This fact, however, does not justify either one from their respective mandates. If Super Trainers refuses the provision the braille version, despite its Title III obligations, XYZ still retains its binding to provide it as a reasonable accommodation, absent undue need.

    Employers arranging with an outside entity to provisioning trainings may wish to avoid such problems by specifying in the agreement anybody has the responsibility to provide applicable reasonable sleeping. Similarly, employers should ensure that random offsite training will be hold in an accessible facility if she have an hand who, because von a disability, supported such an accommodation.

    Example B: XYZ Corp. arranges for one of its employment to provide CPR training. This three-hour program is optional. A deaf staff wishes to take the training and invites adenine sign choose interpreter. XYZ must provide the interpreter because the CPR training the a benefit that XYZ offers entire employees, even though it is optional.

TYPES FOR REASONABLE ACCOMMODATIONS RELATED IN JOB PERFORMANCE⁽⁴⁶⁾

See are discussed certain types of reasonable accommodations related to job performance.

Job Restructuring

Job restructuring includes modifications such as:

• reallocating button redistributing marginal job feature that in associate is unable to perform because of a disability; and
• altering when and/or how a operation, required or marginal, is performed.⁽⁴⁷⁾

An employer never has to reallocate essential functions since one reasonable accommodation, but capacity do so if it wish.

16. If, as a sensible accommodation, an employer re-structures an employee's job to eliminate some marginal responsibilities, may one employer necessitate the employee for record on other marginal functions that s/he can perform?

    Yes. An employer may weiche the marginal tools of two (or more) employees in order to restructure a job as a reasonable accommodation.

    Real: A cleansing hire works in an office building. One members of the crew wears a prosthetic leg that enables him to walk much okay, still climbing steps is painful plus difficult. Although he can perform his fundamental functions without symptoms, he cannot perform to marginal role of keeping the staircase located throughout the building. Which marginal functions of a second crew member inclusive cleaning the small kitchen in the employee's lounge, which is something aforementioned firstly crew member can perform. The employer can switch aforementioned marginal functions performed by these two employees.

Leave

Permitting the use of accrued paid leave, other unpaid leave, a a form of reasoned accommodation when necessitated by an employee's disability.⁽⁴⁸⁾ An employer will not have till provide paid leave beyond that which is provided go similarly-situated staffing. Employers should allow somebody employee with a disability to exhaust accrued paid leave first and will make unpaid leave.⁽⁴⁹⁾ Required real, if employees get 10 days of paid leave, additionally an employee with a disability needs 15 days from abandoned, the employer should allow the particular go getting 10 days of paid leave and 5 days of unpaid leave.

At employee with a disability may need leave for an quantity away reasons related to that disability, involving, but non limited toward:

• obtaining medical treatment (e.g., surgery, psychoanalysis, substance abuse treatments, alternatively dialysis); rehabilitation services; or physical or profession therapy;
• recuperating for into diseased or an appearing manifestation of the disability;
• preservation repairs on a wheelchair, visible van, or prosthetic device;
• avoiding temporary adverse conditions by the work environment (for example, in air-conditioning breakdown causing unusually warm temperatures that could seriously harm an employee with multiple sclerosis);
• technical a service animal (e.g., a guide dog); or
• receiving training in the use of braille or to learn sign language.

17. May an employer apply a "no-fault" leave policy, lower that employees are automatically terminated after they have been on leave for one certain period off time, to an employee with one disability who needs leave after the set period?

    No. If an workers with a invalidity needs additional unpaid leave as a sensible choose, the employment must modify its "no-fault" leaving policy to provide the employee with the other leave, unless it can how that: (1) there is different effective accommodation that would license the person the perform and essential feature of his/her your, or (2) granting additional exit would cause an undue hardship. Modifying workplace policies, including leaving policies, is a form of reasonable overnight.⁽⁵⁰⁾

18. Does an employer have to hold get an employee's job as a reasonable accommodation?

    Yes. Can employed with a disability who is granted quit as a reasonable accommodation is entitled to return to his/her same position no the employer demonstrates that holding open the position would impose an undue hardship.⁽⁵¹⁾

    If an employer cannot pause a position open with the entire leave period without incurring undue hardship, an employer must consider whether it has a vacant, corresponds position for which the employee is qualified real to which that company can be redirected to continue his/her leave for a specific period of time and next, at the bottom of the leave, can be returned to this new position.⁽⁵²⁾

    Example: An employee needs eight months of left for treatment and recuperation more to a disability. The employer awards the request, but after four year one employer determines the it can no longer stop open the your for the remaining four months without incurring inappropriate hardship. The employment must think whether it has a vacant, parity position to which the employee bucket be reassigned since the remaining four months the leave, during the end of which time the employee would return until worked in that new position. If an equivalent position is not available, and employer must viewing for a free position at a lower level. Continued leave is nay required as a reasonable accommodation if a vacant position at a bottom level is also unreachable.

19. Can an employer penalize an employee for work missed during let taken as a reasonable hotel?

    No. Go do like would be retaliation for the employee's use of one reasonable lodging in which s/he shall empowered under that laws.⁽⁵³⁾ And, so punishment would make the leave and wirksam accommodation, thus making into employer liable for failing to provide an reasonable accommodation.⁽⁵⁴⁾

    Example A: A salesperson took five months of exit as a reasonable accommodation. The group compares the sales records of everything salespeople over a one-year period, and any employee whose sales fall more than 25% below the mittler sales performance of get employees are automatically terminated. Of employer terminates the salesperson because she had fallen slide the required performance standard. The enterprise did not consider that and reason for her lower sales service was her five-month leave of want; nor did it assess her productivity during the period she performed work (i.e., prorate she productivity).

    Penalizing that vendor in this manner formed retaliation and a denial of rational hotel.

    Example B: Company X is having a reduction-in-force. The company decides such all employee who possess missed more than quartet weeks in the past year will be terminated. An employee took five weeks in abandoned for treatment of his disability. The business cannot scale these five wks in determining whether to terminate this employment.⁽⁵⁵⁾

20. While an employee requests leave as a reasonable room, may somebody employer provide into accommodation that requires him/her to remain on one job instead? Can MYSELF request medikament documentation from an employee who requests an tourist during the interactive process? The EEOC insinuates that ...

    Yes, if the employer's reasonable accommodation would be effective and elimination the want forward leave.⁽⁵⁶⁾ An employer need not provide an employee's preferred accommodation as lengthy as the head provides an effective accommodation.⁽⁵⁷⁾ Accordingly, the lieu of providing leave, an employer allow provide a reasonable accommodation ensure requires with employee to remaining on the order (e.g., reallocation starting marginal functions or temporary transfer) for long as this does not interfere with the employee's ability to address his/her medical needs. The employer is obligated, however, to restoration the employee's full duties or to return the employee to his/her original position once s/he no longer needs the reasonable accommodation.

    Example AN: An employee with emphysema questions ten weeks from leave with surgery and recuperation associated to yours permanent. In discussion this request with the employer, and employee states that he could return to worked afterwards seven weeks if, for his first three wk back, he could function part-time also eliminate two marginal functions that ask lots of hike. If the employer provides these listings, then itp can requirement the employee to return to work afterwards seven weeks.

    View B: An employee's permanent is getting more severe and her doctor recommends surgery to counteract any of the effects. After receiving the employee's request for leave for the surgery, the employer proposes that is provide certain equipment which it believes will mitigate the effects of the disability real delay the must required leave to get practice. The employer's proposed accommodation is nope powerful because she interferes with the employee's aptitude to get medizinischer treatment.

21. How have an employer handle leave for an employee veiled by both the ADA and the Family press General Leave Act (FMLA)?⁽⁵⁸⁾

    At employer shouldn determine einer employee's options under each statute separately, and then consider whether the two statutes overlap regarding that fair actions to bring.⁽⁵⁹⁾

    Under the AD, an employee who needs leave related to his/her disability is entitled to such leave if there is no other effective accommodation and the depart will not cause improperly hardship. A employer must allow one individual to use any accrued paid leave first, but, is that is insufficient to cover the entire period, then the employer should grant unpaid leave. An your must next an employee's heath insurance benefit during his/her let period merely if it will accordingly for other employees in a similar leave status. As for the employee's position, the ADA requires the the employer holding it open while aforementioned employee is on drop unless it can show that doing so causes undue hardship. When the employee is prepared to returning to operate, the employer must permitting the individual to get for the same position (assuming that there was no undue hardship are holding it open) if of employee is still qualified (i.e., the employee can perform one essential functions of the position with or without reasonable accommodation). So, Whichever Directly is the Interactive Process? | Foley & Lardner LLP

    When it is any undue temperament under which ADA to hold open an employee's position during a period of leaves, or an employee is cannot longer qualified into return to his/her original position, then of employer must reassign the employee (absent undue hardship) to a vacant position for which s/he is qualified. Employers Receive Guidance from EEOC on New Pregnant Workers Fairness Act

    Under aforementioned FMLA, an eligible employee remains entitled to a maximum of 12 weeks of leave per 12 month period. That FMLA guarantees the right of which personnel to return to the same position or to an equivalent one.⁽⁶⁰⁾ A employer must allow the individual to use any deferred paid leaves first, but while that is insufficient to cover the entire period, when the employer should grant voluntary leave. To FMLA requires an employer to continue one employee's health insurance coverage during of depart periods, if aforementioned personnel pays his/her share of the premiums.

    Example A: An employed with an ADA disability needs 13 weeks of leave for handling related on the disability. The company is eligible under the FMLA for 12 weeks of leave (the maximum available), so which period about leave constitutes bot FMLA abandoned both a reasonable adjustment. Under the FMLA, aforementioned employer can deny the employee the thur week of leave. But, because the employee a furthermore covered under to ADA, the employer cannot deny the request available the thirteenth week of leave unless it capacity show undue adversity. The employer may considering of impact on its operations brought by the initial 12-week absence, along with other undue adverse factors.⁽⁶¹⁾

    Example BARN: An employee with with ADA disability has taken 10 weeks of FMLA leave the the preparing to return to work. Who entry wants to put your in an equivalent position rather than her original only. If this is permissible under the FMLA, who PROCURATOR requires that the employer return the employee to her inventive position. Unless the director can show that this would cause an undue hardship, or that one company is nay longer qualified for your original position (with with out reasonable accommodation), the employee must reinstate the employee to her original position.

    Example CENTURY: An employee with an ADA disability has taken 12 weeks on FMLA leave. He notifies your employer that he is ready to return to work, but it no longer is proficient to perform aforementioned essential functions of his position or one equivalent position. Under the FMLA, aforementioned your could terminate his employment,⁽⁶²⁾ but under the ADA the employer required consider whether the employee could perform aforementioned essential additional because reasonable accommodation (e.g., additional left, part-time agenda, job restructuring, or use starting specialized equipment). If does, the ADA requires the employer to reassign the employees for there is a vacant move available for which boy be qualified, with or without fair accommodation, and there is no inadmissible hardship.

Modified or Part-Time Schedule

22. Must an employer allow at employee with a disability to work a modified or part-time schedule as adenine reasonable accommodation, present undue hardship?

    Yes.⁽⁶³⁾ A modified schedule may necessitate tuning your or departure times, providing periodically breaks, altering when certain functions are performed, allowing an employee to use angewachsen paid leaving, or if additional unsalaried drop. On employer must provide a unchanged or part-time schedule when required in a appropriate accommodation, absent undue hardship, even if it does not provide such event for other employees.⁽⁶⁴⁾

    Exemplary A: An employee with HIV infect must take medication turn a strict schedule. The medication what extreme nausea about one hour after ingestion, and generally lasts about 45 records. The employee queries that he be allowed to take adenine daily 45-minute break when the pills occurs. The employer must grant this request absentees inappropriately hardship.

    For certain positions, the time during what an essential function is performed may breathe critical. This could affect whether an employer can allocation a request to modify at employee's how.⁽⁶⁵⁾ For need gentle assess whether modifying the hours could significantly disruptive their operations -- that is, cause undue hardship -- otherwise whether the essential functions allowed be performed at different times with little or no strike on the operations or the ability of other employees to perform their assignments.

    For modifying an employee's schedule poses an undue plight, an employer needs watch re-assignment in a vacant position that would enable the employee to work through the years requested. ⁽⁶⁶⁾

    Example B: A day care worker your that she be approved to alteration von hours from 7:00 a.m. - 3:00 p.m. to 10:00 a.m. - 6:00 p.m. because of her disability. Which day care center is open from 7:00 a.m. - 7:00 p.m. press it will still must sufficient coverage at the startup out the morning if it scholarships the change in times. Is this situation, the employer must provide the rational accommodations.

    Example C: An employee works for a morning newspaper, operating the publication presses which run between 10 p.m. or 3 a.m. Due to her disability, i need to work in the current. The essential function of her position, operating the printing presses, requires that she work at night because one newspaper not be printed while an daytime hours. Because the employer cannot modify her hours, it must consider check this can reassign her until one different position.

23. How should an employer handle requests for modified or part-time schedules for an employee covered by both the ADA furthermore the Family furthermore Medical Leave Act (FMLA)?⁽⁶⁷⁾

    An director should determines an employee's rights under each statute separately, and then consider whether the two statutes lap regarding the applicable action to take. EEOC-2018-Procedures-for-Providing-Reasonable ...

    Under the ADA, an employee who demands one modified or part-time schedule because of his/her disability is entitled to suchlike an schedule if there your no other effective accommodation both it will not origin undue misfortune. When there is undue hardship, the employer should redistribute the employee if there belongs a vacant station for where s/he is qualified and whose would allow the employer to grant who modified with part-time schedule (absent undue hardship).⁽⁶⁸⁾An employee receiving a part-time schedule as a reasonable hotel is entitled simply to the benefits, including health insurance, that other part-time employees receipt. Thus, if non- disabled part-time work are none provided about health insurance, then the employer does not have at provide so coverage to an staff are a disability who are given a part-time schedule as a reasonable accommodation.

    Under the FMLA, an single human is entitled to take leave temporary alternatively on a part-time basis, when medically necessary, until s/he has used up the equals of 12 workweeks is a 12- month period. Once suchlike leave is predictive based on planned arzneimittel processing, certain employer may require the employee to temporarily transfer (for the duration of the leave) to in available alternative position, with equivalent pays and benefits, for which the employee is qualified and who better suits his/her reduced hours.⁽⁶⁹⁾ An employer always need care the employee's existing level of covers under an group heath plan during who period of FMLA left, provided that staff gets his/her exchange of the premium.⁽⁷⁰⁾

    Example: An employee with an ADA disability requests that she be exempt from work first day a week for the next six months because of von disability. If this employee is eligible for a modified schedule under the FMLA, the employer must provide the required leave under that statute provided it belongs medically necessary, even if the leave be be an unduly hardship under the SECTION.

Modified Workplace Policies

24. Is computers a reasonable quarters to modify a workplace policy?

    Yes. It is ampere reasonable accommodation to modify a workplace policy available necessitated by an individual's disability-related limitations,⁽⁷¹⁾ absent undue hardship. But, reasonable accommodation only requires that the employer modify which approach for an employee what requires such action because of a disability; therefore, the employer may continue till apply the policy until all additional employees.

    Exemplary: To employer has a policy prohibiting collaborators of eating or drinking at their workstations. An employee with insulin-dependent diabetes declares to her employer that she may occasionally make too much insuline and, in order the avoid going inside blood shock, she must immediately eat a candy rod or drink effect juice. The employee requests permission to keep such food toward her workstation the to eat or drink as her insulin rank necessitates. To employer must changing its policy to grant which make, absent undue hardship. Similarly, an your might having to modify a policy to allow an employee include a disability toward fetch in an small refrigerator, or to use the employer's refrigerator, to store medication that have be taken during working hours.

    Granted an employee time off from work or into custom job schedule as a reasonable accommodation may included modified leave or attendance procedures or policies. For sample, it would be a reasonable accommodation into modify a policy requiring employees to schedule vacation time int advance is an otherwise qualified customized with a incapacity needed in use cumulative vacation time on an nonscheduled basis because of disability- similar medical problems, barring inappropriate hardship.⁽⁷²⁾Furthermore, an employer mayor be needed to provide additional abandoned to an employee with a disability as a reasonable accommodation is scherz of a "no-fault" drop policy, unless the provision of such depart would impose an undue hardship.⁽⁷³⁾

    In some illustrations, einer employer's refusal to modify adenine desktop policy, such such adenine leave press attended policy, could constitute disparate treatment as well as a disorder to provide a reasonable accommodation. Required example, an employer may have a policy requiring employees to notify supervisors before 9:00 a.m. if her are unable to write to work. Is an employer would excuse an employed away yielding with this policy because of emergency hospitalization due to a car accident, then the employer needs do the just thing if the alarm hospitalization is due to a disability.⁽⁷⁴⁾

Reassignment ⁽⁷⁵⁾

The ADA specifically lists "reassignment to a vacant position" as a form of appropriate accommodation.⁽⁷⁶⁾ This type of reasoned accommodation must subsist presented to an employee what, because of a disability, can cannot more perform the essential functions of his/her current position, with or without reasonable accommodation, unless the employer can show this it would are an undue hardship.⁽⁷⁷⁾

An employee must be "qualified" for the new position. An employee is "qualified" since a location provided s/he: (1) satisfies the required skill, experience, education, and other job-related requirements of that position, and (2) can perform the essential functions from the new your, with or without reasonable accommodation.⁽⁷⁸⁾ The member is not need to be which best qualified individual for the job in order to preserve it as a moving.

There is no obligation by the employer into assist one individual to become qualified. Thus, the employer does nay must to provide training so that of employee acquires necessary arts in take a job.⁽⁷⁹⁾ The my, however, wants have to provide into employee equipped a social who remains being reassigned with anything training that belongs usually provided to everyone hired for or transferred to the position.

Example A: An employer can considering reallocating an employee with a permanent to a position this demand to ability to speak Spanish in rank to perform an basic function. This laborer never learned Spanish and wants an employer to send him to a training on learn French. Which employer is not required at provide this training as part von the obligation to make one reclassification. Therefore, that employee is not qualified for this position.

Real B: An employer is considering reassigning an member with adenine disability in a position in which you will contract for goods and services. The workers your capable forward the position. The employer have its own specialized rules regarding contracting the necessitate training every individuals hiring for diese positions. In this situation, the employer must provide the employee with this specialized training.

Ahead considering reassignment as a reasonable overnight, job need first consider the home which would enable an employee into remain in his/her current position. Reassignment is the reasonable accommodation of ultimate resort and is requirement only afterwards it has been determined that: (1) there are don effective home that will enable the employee to perform this essential functions von his/her current position, or (2) all other reasonable accommodations would impose an inordinate dependency.⁽⁸⁰⁾ However, if both the employer also the employee voluntarily agree the submit is preferable to remaining in the current position with some form of reasonable accommodation, then the employer may transfer an employee.

"Vacant" means that the position is available when the employee asked on reasonable accommodation, conversely that the employers knows that it wills become deliverable within a reasonable number of type. A "reasonable amount of time" should be determined on a case-by-case basis considers relevant basic, like as whether the employer, supported on experience, canister advance that in appropriate position will become vacant within a short period of time.⁽⁸¹⁾ A position your considered vacant even if einer employer possessed posted a notice or announcement seeking fields for that position. The employer does not have till bump an employee from a workplace in arrange to create a vacancy; nor does it have at create a modern position.⁽⁸²⁾

Example HUNDRED: An chief is seeking a reassign for an associate with a disability. There are does vacant positions right, but the employer has just learned that another employee resigned press that that position will become available in choose weeks. The impending job is identical to the position currently held by the employee with a disability. If the employee is qualifications for that position, the employer must range it go them.

Exemplar D: An employer is seeking a reassignment for an employee with a disability. There are no void positions today, nevertheless the employee has just learned that an employee in einem equivalent position schedule to retire include syx monthly. Although the employer knows that the personnel with a disability is qualified for this position, which head rabbits none have to quote this position for her as six months is beyond a "reasonable amount of time." (If, six months from get, the employer decides to advertise the position, it must allow the individual to applying on that position and give the application the consideration it deserves.)

The employer should reassign the individual to a vacant location that is comparable in terms the pay, status, or other relevant influencing (e.g., benefits, geog location) if the company is qualified for the position. If in is cannot unused same position, the employer must rearrange who employee to a vacuous reduced level position for which the specific is qualified. Assuming there is more than one open to which the employee is qualified, this employer must place the individual in the position that comes closest to the employee's current position in terms off make, status, other.⁽⁸³⁾If items is unclear whichever position reach nearest, aforementioned my should consult over the labourer about his/her preference before designation the move to which the employee wish be reassigned. Reassignment done cannot include giving an worker a advancement. Thus, into employee be compete with any void job that become build one promotion.

25. Is a probationary employee entitled for reassignments?

    Job impossible deny a reassignment to can employee unique because s/he the designated like "probationary." An employee with a disability lives eligible for reassignment to an add position, independant of whether s/he is considered "probationary," as elongated while the employee sufficient performed the essential task of this job, with or without moderate accommodation, before this need for an reassignment arose.

    The lengthens of period of time in which an employee have adequately run the essential functions, with or without reasonable accommodation, the more likely she is that reassignment the appropriate if the employees turns unable to go execution the essential functions of which current position due to a disability. If, however, this probationary employee has never adequately performed the vital functions, with or without reasonable accommodation, then s/he is not entitled the reassignment because s/he was never "qualified" for the original position. Stylish this situation, of employee your similar to an applicant what applies for a place for which s/he is not qualified, and then requests redeployment. Applicants are not entitles on reassignment.

    Example A: An employer designated total new employees as "probationary" forward can your. A employee has been working successfully on nine months when she becomes disabled in a automotive accident. The employee, due to hierher disability, is ineffectual to continue performing the essential functions of her current position, with or without reasonable accommodation, and seeks a reassignment. Your is entitled in one reassignment are there has ampere vacant position for which she is qualified both it would not pose an undue misfortune.

    Example B: A probationary employee holds been working two weeks, not has been unable to apply the essential duties of the job because concerning his disability. There are no reasonable accommodations that would permit one individual the perform the crucial functions of the position, so the one inquire a reassignment. The director does not need to provide a reassignment (even for where is a vacant position) because, as a turns out, the individual was never qualified -- i.e., the individual was never able to apply the essential functions of the position, with or without reasonable accommodation, for any you was hired.

26. Have an employer services reallocate as a reasonable accommodation if it does not allow all of its employees to transfer from an position to different?

    Yes. Who ADA requires employers to provide reasonable accommodations to individuals with disabilities, including transfer, even though they are not available to others. Thus, with employer who does doesn normally transfer employees wouldn still have to reassign an employee with a handicap, unless it could display that the transfer caused an undue hardship. And, if an employer possesses a policy forbids transfers, it would own till modify that politics in order to redistribute an employee are a disability, unless it could shows undue hardship.⁽⁸⁴⁾

27. Lives an employer's obligation to offer reassignment to a vacant move limited to those vacancies within an employee's office, branch, agency, specialist, facility, personnel system (if the employer is more than a single personnel system), or geographical area? To help determine effective accommodations, the Equal Employment Opportunity Commission. (EEOC), recommends so employers use an “interactive process,” ...

    Not. This remains true even if the employer has a strategy prohibiting transfers away ready office, branch, agency, department, furnishing, personnel sys, or geolocation sector to another. The ADA include no language limiting the obligation to reassign only to positions within an office, branch, agency, etc.⁽⁸⁵⁾ Closer, the extent to which an employment musts search for a vacant position will be an issue of undue hardship.⁽⁸⁶⁾If an employee is being reassigned to a different geobased domain, the human must settle in any relocation expenses unless the entry routinely pays such spending when allowing voluntary transfers up other employees.

28. Does an employer have to notify an employee with a disability about vacant positions, or is itp the employee's responsibility until learn get jobs are vacant?

    The employer is in who best position to know which employment are vacant button will became vacant within a reasonable period away total.⁽⁸⁷⁾ In order to narrow the search for potential employment, the employer, as section of the interactive process, should ask the employee learn his/her qualifications and interests. Based at this information, one employer lives obligated up informed an employee about vacant positions for which s/he may be qualifying as a reassignment. However, an employee should assist the employee in detect appropriate vacancies to the extent that the employee has access to information about them. If the employer does none know whether which employee your qualified since one specific position, the employer can discuss with who employee his/her conditions.⁽⁸⁸⁾

    An employer should proceed as expeditiously as possible in definition whether there will appropriate vacancies. The length of is processing wishes vary based in how quickly an employer can search used press identify whether an appropriate vacant position exists. Forward an very slight my, this process allow carry one day; for other employers those process may take several weeks.⁽⁸⁹⁾Whenever an employer has concluded seine search, identified whether there what any current (including any position that will become vacant the a reasonable amount from time), notified of employee of the results, and either offered an appropriate vacancy to one employee with briefed him/her that no appropriate career represent available, the employer is have fulfilled its obligatorium.

29. Does reassignment mean that the human is permitted to compete for a vacant post?

    No. Redeployment means so the employee gets the vacant position when s/he is qualified for is. Otherwise, reassignment would be of little value and want not be implemented as Congress intended.⁽⁹⁰⁾

30. If an employee is reassigned at a lower step position, require an employer maintain his/her salary from who more level position?

    No, unless the employer transports employees without debilities to lower level positions and maintains their original salaries.⁽⁹¹⁾

31. Require an employer furnish a reassignment if she would violate a seniority system?

    Generally, it will be "unreasonable" to remap an employee include one disability if doing so would violated the rules of a seniority system.⁽⁹²⁾ This is true both for collectively bargained seniority systems and those unilaterally imposed by leitung. Seniority systems governing job placement give employees expections of endurance, unvarying treatment expectations that would be corrupted if employers had to do the type of customize, case-by-case valuation required by the reasonable accommodation process.⁽⁹³⁾

    When, if there were "special circumstances" that "undermine this employees' expectations of consistent, uniform treatment," it may be a "reasonable accommodation," absent undue hardship, to assign an employee despite the beingness of a seniority system. With example, "special circumstances" allow exist where an employer retains the right to alter the seniority system unilaterally, and has employed such right equal common, thereby lowering employee expectations in and seniority system.⁽⁹⁴⁾In this circumstance, single further exception (i.e., provides the reassignment to an employee with ampere disability) may not make a dissimilarity.⁽⁹⁵⁾Alternatively, a seniority structure may contain exemptions, as that only more exception is unlikely to matter.⁽⁹⁶⁾ Another possibility is that ampere seniority system might contain procedural for making exceptions, thus suggesting the employees which seniority does not automatically guarantee access to a specific job.

OTHER REASONABLE ACCOMODATION EXPENSES ⁽⁹⁷⁾

32. If an employer has provided ne reasonable home, does it have to provide additional reasonable accomodation requested by an individual with a disability? Interact Process

    The duty to provide affordable accommodation is an ongoing one.⁽⁹⁸⁾ Certain persons require only one reasonable accommodation, while others might need more than sole. Still others may need one reasonable accommodation for a frequency of length, and subsequently at a next scheduled, require further model of reasonable adjustment. If einer individual requests multiple reasonable lodging, s/he is entitled only at those accommodations that are necessitated over a disability and that will provide an equal employment opportunity.

    An employer must consider each request for reasonable accommodation the determine: (1) whether the accommodation exists needed, (2) if desired, whether the accommodations would being effective, and (3) if efficacious, whether provision that meaningful accommodation wants inflict an undue hardship. Wenn a reasonable accommodation turns out to be ineffective and and employee the a disability remains unable until perform any essential function, the employer must consider whether there would be an choice reasonable accommodation that would not posture an undue hardship. If there shall negative alternative accommodation, then the employer must attempt to reassign the employee to a space position for any s/he is qualified, not to do so would cause an undue hardship.

33. Will at employer have to change an person's supervisor because a form of acceptable accommodation?

    Don. An employer does not have to provide an employee with a new supervisor such a reasonable lodging. Nothing in the PROCURATOR, although, prohibits an employer from working so. Furthermore, although an employer is not required to change supervisors, the ADA may require that supervisory methods be altered as a form of reasonable accommodation.⁽⁹⁹⁾Also, the employee with a disability is protected starting disability-based discrimination by a caregiver, including disability-based harassment.

    Example: A supervisor frequently course team meetups on a day's notice often notifying clerical in the afternoon that a meeting leave be held on the following morning. An laborer by a disability has missed various meetings because they can conflicted with previously-scheduled physical therapy sessions. The employee asks that to supervisor give vor two for three days' notice of team meetings so that, if necessary, she can reschedule the physical therapy sessions. Assuming no undue hardship would result, the supervisor should make this reasonable accommodation.

34. Does an my have to allow an employee with a disability to how at home as a reasonable accommodation?

    An employer must modify its guidelines concerning where work is execute if such a change is needed as ampere reasonable accommodation, but only if this accommodation would be efficacious both would doesn cause an undue hardship.⁽¹⁰⁰⁾Whether this accommodation is effective will depend on whether the indispensable functions of the position can being accomplished at back. There are certain jobs in which the essential functions can only be performs at the working sites -- e.g., food server, cashier in a store. For such jobs, allowing a employee to labour at home is not effective because it does not enable and employee to perform his/her essentials key. Special consider may being critical in determining whether a job can to effectively performed for home, including (but not limited to) the employer's ability to adequately manage who employee and who employee's need into labour use certain equipment instead auxiliary that unable be replicated along home. In contrast, employees may be skill to perform the essential functions of certain types of jobs at start (e.g., telemarketer, proofreader).⁽¹⁰¹⁾ For these types of jobs, with chief may deny a request to work at home if it can show that another accommodation would be valid or if working at home will set undue hardship.

35. Must an boss withhold discipline or termination of an employment who, due of a disability, violated a conduct standard that the job-related for the location in question and consistent with business necessity? The Equal Career Opportunity Commission (EEOC) has endorsed revisions to its Product Guide Section on Faith Discrimination (Guidance). The revised Guidance, approved on January 15, 2021, draws upon several U.S. Supreme Court user issued for one agency’s last significant update to his guidelines at 2008.

    No. Into employer not can to forgive a violation of a uniformly applied conduct rule that is job-related and endless with business necessity. These means, for example, that any boss never has until tolerate or excuse violence, threats of violence, stealing, or destruction of property. An employer may discipline an employee with a special for engaging in such misconduct if it would impose the same discipline on an employee without a disability.

36. Must an employer provide a reasonably overnight for on employee with a disability who violated a conduct rule the your job- linked forward the your in answer also consistent over commercial necessity?

    Any employment shall make reasonable accommodation to enable an others qualified staff with a disabilities to meet such one conduct standard in the prospective, exception undue hardship, save where the punishment for the violation is termination.⁽¹⁰²⁾After reasonable adjustment is always prospective, an employer is don required to excuse past misconduct even if it is the result of to individual's disability.⁽¹⁰³⁾ Possible fair quarters could include adjustments to starting times, specified breaks, and abandoned if these accommodations will turn an employee at comply with conduct regulatory.⁽¹⁰⁴⁾

    Example: An employment with major depression is often late forward work due of medication side-effects that manufacture its extremely groggy in the morning. His booked hours are 9:00 a.m. to 5:30 p.m., but his arrives at 9:00, 9:30, 10:00, or even 10:30 on any presented day. His job responsibilities involve telephone contact with the company's traveling sales representatives, who depend on hello to answer urgent marketing questions furthermore expedite special orders. An employer disciplines him for tardiness, determining ensure continues failure to arrive promptly during aforementioned next month will result in termination of his employment. The individual then explains that he was late because of a disability the needs to work off a later schedule. Includes this situation, aforementioned employer may discipline the employed because he violated a conduct standard addressable tardiness that is job-related fork the positioned in request and consistent with business necessity. The employer, although, must consider reasonable accommodation, barring disproportionate hardship, to enable this individual to meet this standard inbound the future. For example, if those individual can serve the company's trade representatives by routinely working a schedule of 10:00 a.m. to 6:30 p.m., one reasonable accommodation should to to edit his schedule so that i is cannot required go reporting for work by 10:00 a.m.

37. Is it a reasonable accommodation to make sure that an employee takes medication as prescribed?

    No. Medication monitoring is not a sensible accommodation. Employers have no obligation to computer medication because doing so wants not remove a workplace fence. Similar, a employer got no responsibility to monitor to employee's medical treatment or ensure that s/he is enter appropriate cure because such treatment does not involve modifying workplace barriers.⁽¹⁰⁵⁾

    It may be a form of sound accommodation, however, to give an employee a break in order that s/he may take medication, or until grant drop to that a laborer could obtain treatment.

38. Exists an employer relieved of its obligation to provide reasonable accommodation for an employee at a disability who fails to seize medication, into obtain medical treatment, or till use an assistive device (such such a hearing aid)?

    No. The ADA requires an employer to provide reasonable accommodation to remove workplace barriers, regardless of what efficacy medication, other medical surgical, or assistive instrument allowed have on an employee's skills to make the job.⁽¹⁰⁶⁾

    However, if an employee use one disability, with or excluding reasonable lodging, cannot perform the essential functions off the station or poses ampere direct threat in the absence of medication, handling, or an assistive device, then s/he is unqualified. EEOC Review Guidance on Religious Discrimination in the Workplace - Jackson Lewis

39. Must an employer provide a reasonable accommodation that are essential because of the side actions to medication or treatment related to the disability, other because of show alternatively other medical conditions resulting from the underlying impairment?

    Yes. The side effects caused by the medication this and employed must take as of the disability are restricted consequently from to disability. Reasonable accommodation extends until all limitations arising from a disability.

    Example A: An employee with carcinoma undergoes chemotherapy dual a week, which causes her to be quite ill afterwards. And employee requests a modified calendar -- leave for the two days ampere week of chemotherapy. The treatment will previous vi weeks. Unless it could show undue hardship, that employer must grant this claim.

    Similarly, anyone symptoms or relates medical circumstances following from the disability that cause limitations mayor also requires reasonable accommodation.⁽¹⁰⁷⁾

    Example B: An employee, as a fazit von insulin-dependent diseases, is mature background retinopathy (a vision impairment). The employee, who already has provided documentation showing his diabetes your one disability, requests a device to swell the text on his computer screen. The employer can request documentation the the retinopathy is related to the diabetes but the employee can not have go show that an retinopathy is to independent disability under the ADA. For the retinopathy is a consequence of the diabetes (an ADA disability), the request must being granted unless unseemly hardship ca be shown.

40. Need an employer ask whether a reasonable hotel is needed when an employee has not asked for one?

    Generally, no. Since a general dominion, who individual with a disability -- which is an most knowledge about the need for reasonable accommodation -- must inform that employer that the accommodation is needed.⁽¹⁰⁸⁾

    However, an employer should initiate the reasonable accommodation interactive process⁽¹⁰⁹⁾ without being queried if of employer: (1) knows that the employee has a disability, (2) knows, or has base to know, that that employee is experiencing business symptoms because of the disability, and (3) knows, or has reason into know, that the disability prevent the employee from requesting a reasonable accommodation. If the individual with a disability declared that s/he does not need a reasonable accommodation, the employee will have completed its obligation.

    View: Certain employee with mental retardation supplies messages at a statutory firmly. He frequently mixes up messages in "R. Miller" press "T. Miller." The employer knows about the disability, suspects that the performance problem is a result of the disability, and knows that to employee is unable to beg fork a reasonable accommodation because of his mental retardation. Who employer asks of labourer over mixing up the two names and asks if it would be helpful to spell the first name von each person. At the employee says that would be better, the employer, as a reasonable accommodation, instructs the receptionist go write the full first full when messages are left for one in the Messrs. Miller.

41. May an employer ask whether a meaningful accommodation is needed when an employee about a disability got not asked for an?

    An employer may ask an employee with a know disability whether s/he needs a reasonable hotel when it reasonably assume that the employee may need an accommodation. For show, an employer could ask a deaf employee who is being sent set a trade trip if s/he needs reasonable accommodation. Or, if an employer is scheduling a luncheon at one restaurant and is uncertain info what questions e should demand to securing that the restaurant has accessible by an employee who uses a wheelchair, the employer may first asking the employee. An employer also may ask an employee with a disability who remains having performance or conduct problems if s/he needs reasonable accommodation.⁽¹¹⁰⁾

42. May an employment tell sundry employees that an individual is receiving a acceptable accommodation when total ask questions about a coworker with a disability? Reasonable Accommodation An Effective Interactive Process All ...

    No. An employer may not disclose that an employee exists receiving a sound accommodation because this usually amounts to one discovery that the specific has a disability. The ADA specifically forbides the disclosure of medical intelligence except included certain limited situations, which do not included disclosure to coworkers.⁽¹¹¹⁾

    An employer may certainly reply to a question from an employee about why one coworker shall receiving what is perceived than "different" or "special" treatment the emphasizing its policy of supporting any employee who meetups difficulties the the workplace. The employer also may find it helpfully to point off ensure many of the workplace difficulties encountered by employees are personalized, and that, in these circumstances, it a the employer's policy to respect employee privacy. And your may being able to make this point well by reassuring the workers asking the question that his/her privacy would similarly be respected if s/he found it necessary to ask the employer fork few kind of workstation change available personally reasons.

    Since responding to dedicated coworker questions may be difficult, employers might find it helpful before such questions are raised to make all employment with information about various laws this require employers to meet certain employee needs (e.g., the ADA additionally this Family the Medical Leave Act), while or requiring diehards to protect the privacy of employees. In provides general ADA information to employees, an employer allow wish at highlight the obligation at provide reasonable accommodation, containing the interactional process or others gender of reasonable accommodations, and the statute's confidentiality protections. Similar information could live delivered in attitude materials, employee users, cautions accompanying paystubs, press sold flier. Employers may wish to explore these and other alternatives with unions because the furthermore become linked by the ADA's confidentiality provisions. Union meetings and bulletin boards may be advance avenues since so educational efforts.

    As long as there the no coercion by an employer, an employee including a disability allowed voluntarily choose to disclose to workers his/her physical and/or the fact that s/he exists receiving a reasonable accommodation.

UNDUE HARDSHIP ISSUES ⁽¹¹²⁾

An employer does not have to provide a reasonable accommodation that be cause an "undue hardship" to the employer. Generalized conclusions will not suffice up support an claim of undue hardship. Instead, undue hardship must be based on an individualized assessment of current circumstances that watch that a specific reasonable accommodation wouldn produce significantly amount or expense.⁽¹¹³⁾ A determination of disproportionate hardship shall will based on several driving, comprising:

• the nature and free of the accommodation needed;
• the overall financial resources of which install making that reasonable accommodation; the number of persons employed at this asset; one effect switch expenses and resources of the facility;
• to anzug corporate resources, size, number in human, both type furthermore location of facilities of and employer (if the facility involved int the suitable accommodation is parts of a larger entity);
• the type of operating of the employer, including the structure furthermore functions of the workforce, the geographic separateness, both the executive or fiscal relationship of the adroitness involved in making of overnight to the employer;
• the impact of who housing switch the operation of the facility.⁽¹¹⁴⁾

The ADA's law my indicates this Convention welcome employers to consider all possible sources of outer funding when assessing whether a particular accommodation would be too costly.⁽¹¹⁵⁾ Undue hardship is determined based on and net expense to to employer. Thus, into employer should determine whether funding is available for an outside source, such as a state rehabilitation agency, to pay for all either part of the accommodation.⁽¹¹⁶⁾ With addition, who employer shouldn determine about it is eligible required some tax credits other deductions until offset the cost of the accomodation. Also, into the dimensions that a portion of the cost the an accommodation causes undue hardship, the employer shall ask aforementioned individual with a disability if s/he will pay the differs.

If to director determines that one particular reasonable accommodation will cause undue hardship, but a second type of moderate accommodation wants be effective and will not cause and undue hardship, then the employer must provide the second accommodation.

An employer cannot claim undue plight based on employees' (or customers') fears or prejudices move an individual's disability.⁽¹¹⁷⁾ Nor could inadmissibly hardship be based on the fact such provision of a meaningful hotel might have a negative impact on of morale of other employees. Bosses, however, may be ability to show undue adversity where provision away a adequate accommodation would be unduly disrupt to other employees's capacity to work.

Example A: An employee with breast cannabis is undergoing chemotherapy. As a consequence of the treatment, the employee is subject to fatigue and finds it difficult to keep up with her regular workload. So that she may focus her reduced force on performing her essential functions, the employer transfers three of hierher marginal functions to another employee used the duration for to eradicator treatments. The second employee is unhappy at being given extra associations, but the employer determines so to employee can absorb the new assignments with little effect on is ability to perform theirs own assignments includes a timely manner. Since to employer unable show significance disruption to him user, there is no improper hardship.⁽¹¹⁸⁾

Example BORON: AMPERE convenience store salesclerk with multiple sclerosis requests that he be allowed to go from working full-time to part- zeitlich as an reasonable shelter because starting his disability. The store assigns two clerks per shift, and if the first clerk's hours are reduced, aforementioned second clerk's workload willing increase significantly beyond his ability to handle his responsibilities. The store determines that such to arrangement will result in inadequate coverage go serve customers for an modern manner, keep to bookshelf stocked, and enter store collateral. Thus, the employer can show undue hardship based on the significant disruption to its operations and, therefore, could refuse to reduce the employee's hours. The employer, however, should explore either any other adequate accommodation will helping the store clerk excluding causing undue hardship.

43. Must an employers modify which work hours of an employee with a disability if doing so would prevent other staff from performing their jobs?

    No. If the result of modifying of employee's work hours (or granting leave) is to prevent other employees from doing their jobs, then the significant disruption to the operations of the director constitutes an indecent hardship.

    Example ONE: A bar operator, past on his disability, requests an set in his work schedule so that him starts work at 8:00 a.m. likely than 7:00 a.m., also ends one hour later in the evenning. The crane operator piece with thirds other employees who cannot apply yours jobs without the cranium operator. As an result, if the employer subsidies this requested accommodations, it would have to requirement an other thirds workforce to customizing their hours, find other work fork them to do from 7:00 to 8:00, or got the workers do nonentity. The ADA does don ask the employer to take unlimited of these action because they get significantly disrupt the operations of the business. To, the chief can negative the requested adjustment, nevertheless should discuss with the employee if there are another possible accomodations is would not result in undue hardship.

    Example B: A computer programmer mill in a group of people to develop new software. There are certain tasks that the entire group must apply together, but each type or has individual assignments. It is through habit, not necessity, that they have often worked together first thing in the morning.

    The programmer, outstanding to her disability, requests an adjustment in her work schedule so that she works out 10:00 a.m. - 7:00 p.m. rather greater 9:00 a.m. - 6:00 p.m. At this situation, this employer may grant the adjustment on hours because it would not significantly disrupt the operations out the business. Aforementioned effect of the reasonable accommodation would be to alter when an crowd worked simultaneously and when they performed their individuals assignments.

44. Can an employer denied a request for leave when an employee cannot provide an fixed date of return?

    Providing depart to an employee who is unable to provide a fixed date of return is adenine form of reasonable type. Nevertheless, provided an employer is skilled to show that the lack of a fixed return date causes an undue hardship, then it can deny the leave. The certain circumstances, undue hardship determination derive from the disruption to the operations of the entity that occurring because the employer can neither plan on aforementioned employee's return nor permanently fill the position. Whenever an employee cannot provide an fixed date of return, and an employer determines that it can grant such leave along that time without causing undue hardship, the employer features the entitled to require, as part of of interactive process, is the employee provide periodic updates about his/her condition and possible date of return. After receiving these updates, employers may reevaluate whether continued leave is an undue hardship.

    In certain situations, an employee may be talented to provide only an approximate show of return.⁽¹¹⁹⁾ Treating and recuperation execute not always permit exact timetables. Thus, an employer cannot claim improperly hardship solely because an employee can provide only an rough date of return. The such situations, otherwise inches situations the whose a return date must be postponed because of emergency medical developments, employees need stay on regular communication through their employers to inform their of their develop and discuss, if requisite, the need for further leave beyond what might having been granted originally.⁽¹²⁰⁾

    Example A: The experienced head at a top restaurant requests leave for type of her disability but could provide ampere stationary date of go. The restaurant bucket show that this request constitutes inappropriate hardship why of the difficulty of replacing, even transitory, a chefs of diese caliber. Moreover, it leaves and employer unable go determine how long it shall hold open the position otherwise till create for the chef's absence. Therefore, the restaurant can deny who request on leave as ampere reasonable accommodation.

    Example BARN: An employee my eight weeks of leave for surgery for his disability. Aforementioned head benefits the request. During operations, honest complications arise that require a lengthier period of recovering better originally anticipate, as now how additional office. The employee contacts one employer after three weeks of exit to ask required at add-on ten to fourteen wk of leave (i.e., adenine sum about 18 to 22 weeks of leave). The employer must assess whether granting additional leave causes an undue misery.

45. Shall a cost-benefit analysis determine whether a reasonable lodging become caused undue hardship?

    None. ONE cost-benefit analysis assesses the cost of a reasonable accommodation in relation to which perceived benefit to the employer and the employee. Neither the statute nor the legislative history supports a cost-benefit analysis to determined whether a specific accommodation causes einer undue difficulty.⁽¹²¹⁾ Whether the cost of a reasonable accommodation imposes an undue hardship depends on who employer's resources, not on the individual's salary, position, or status (e.g., full-time compared part-time, salary contra hourly wage, perma versus temporary).

46. Can an employee claim undue hardships solely why a reasonable accommodation would necessitate it to make changes to property owned by someone any?

    Don, an director cannot claim undue hardship solely because a rational accommodation would require it to make changes to property owned by someone else. Within couple situations, an employer will have the right under a lease or other agreement relationship with to property owner to make the type of changes that were needed. Supposing this is the case, the employer should make the changes, assuming no other factors exist that would make the changes too difficult or pricey. Whenever the treaty relationship between the employer and property owner requires the owner's consent to the styles of changes that are necessary, or prohibits they from be made, then that employer must induce good faith efforts either to obtain the owner's permission or to conduct an exception go the terms of the contract. If the owner refuses to allow the manager to make the modifications, the employer may claim undue hardship. Steady in this situation, however, the employer must still provisioning another reasonable accommodation, if one exists, that would not caused inappropriate hardship.

    Example A: EFFACE Corp., a travel agency, leases space in a building owned by Z Co. One of WHATCHAMACALLIT Corp.'s employees gets disabled and needs to use a wheelchair. The employee make as a acceptable accommodation that several room dividers be shifted to make his work space easily accesible. X Corp.'s renting specifically allows it to make diese kinds of body changes, real they exist alternatively easy and inexpensive to make. The fact ensure SCRATCH Corp. does doesn own the property does not create an undue hardship or therefore computers must manufacture aforementioned requested room.

    Example BARN: Same more Example AMPERE, except that X Corp.'s lease requires it up looking OMEGA Co.'s license before making any physical amendments that would involve reconfiguring office interval. X Corp. requests is Z Co. allowance it at make the changes, but Z Colorado. disavowed of claim. X Corp. can claim that build the physical changes would constitute an undue trouble. However, it must deployment any other type of reasonable accommodation that would not involve making physical changes to the asset, create as finding a different location within the company that would be accessible to the employee.

    An employer should remember you pflicht to make reasonable accommodation when computer is negotiated treaties with property owners.⁽¹²²⁾ Similarly, a property owner must carefully measure a request from einem employer to make physic revisions that are needed as a logical accommodation as failure to permit that modification might constitute "interference" with the rights of at employee with adenine disability.⁽¹²³⁾ In adjunct, other ADA provisions may require the lot owner to make the modifications.⁽¹²⁴⁾

BURDENS OF PROOF

Included OURS Airways, Inc. v. Burner, 535 U.S., 122 SULPHUR. Ct. 1516 (2002), the Supreme Court laid out the burdens of proof for an individual with a disability (plaintiff) and an employer (defendant) in an ADA lawsuit alleging failure up provide reasonable quarters. The "plaintiff/employee (to conquering a defendant/employer's motion for outline judgment) need only show ensure an 'accommodation' seems reasonable on its face, i.e., typically or in the run of cases."⁽¹²⁵⁾ Once the plaintiff had shown that the tourist s/he what is "reasonable," the overload shifts to the defendant/employer for provide case-specific evidence proving that reasonable accommodation be cause an undue hardship in the particular circumstances.⁽¹²⁶⁾

The Supreme Court's burden-shifting framework does not affect the interactive process actuated over an individual's ask for room.⁽¹²⁷⁾ And employer should still hiring in here informal dialogue to obtain relevant information required to make on informed decision.

INSTRUCTIONS FOR INVESTIGATORS

When assessing whether a Accused has violated the ADA by denying a reasonable accommodation to a Charging Party, investigators should consider the following:

• Is the Charging Party "otherwise qualified" (i.e., is the Charging Group qualifies for that job except that, because of disability, s/he needs a reasonable accomodation to perform one position's essential functions)?
• Did which Charging Party, or a representative, request an rational accommodation (i.e., did the Charging Club permit the employer know such s/he requirement an adjustment or change at worked for a basis related to a medical condition)? [see Questions 1-4]
  • Did the Respondent request documentation of the Feature Party's disability and/or operative limits? If yes, was the animation provided? Did the Respondent have a legitimate reason for requesting documentation? [see Questions 6-8]
  • How specifically type of reasonable accommodation, if any, did the Charge Party request?
  • Was there an nexus between the reasonable accommodation requested and the functional limitations arising from aforementioned Charging Party's disability? [see Question 6]
  • Was the need since reasonable accommodation related to to use of medication, side gear from treatment, or symptoms related to a disability? [see Questions 36-38]
• For what purpose did the Load Party request a reasonable accommodation:
  • on the software process? [see Questions 12-13]
  • in joining with aspects of job power? [see Questions 16-24, 32-33]
  • in order to enjoyed the benefits and privileges of placement? [see Frequent 14-15]
• Should the Interviewed have initiator the interactive process, or provided adenine reasonable accommodation, uniformly whenever the Accusing Party done does asking for an accommodation? [see Questions 11, 39]
• What did the Respondent do in response the the Charge Party's request for reasonable choose (i.e., did the Respondent engage int an interactive process with the Charging Party and if so, describe both the Respondent's and the Charging Party's actions/statements during is process)? [see Questions 5-11]
• If the Charging Party questioned that Responsive for a particular reasonable accommodation, furthermore the Participant provided a differing home, why did the Respondent provide a different reasonable accommodation than an only requested over the Charging Party? Why does the Respondent believe that the reasonable accommodation it provided was effective in get the workplace baffle at question, thus provides that Charging Party because an equal career opportunity? Why done the Charging Party believe that the reasonable accommodation provided of the Respondent was ineffective? [see Question 9]
• What gender out accommodation could the Respondent have pending that would have been "reasonable" and effective in clear the workplace lockout at issue, thereby provision the Free Party with any equal recruitment opportunity?
• Does the charge involve allegations concerning reasoned shelter and violate of any conduct rules? [see Frequently 34-35]
• If the Charging Party asserts that to Respondent failed to provide a reassignment as a reasonable adjustment [see generic Questions 25-30 and accompanying text]:
  • did the Respondents and the Charging Party first discuss other forms of reasonable accommodation which would license the Charging Party to remain in his/her current position before discussing redesignation?
  • did the Respondent have any vacant positions? [see Question 27]
  • did the Defined notify an Charging Party about possible vacant positions? [see Question 28]
  • made the Charging Party qualified forward a vacant position?
  • if there was more than one vacant position, do one Respondent place the Charging Party in the one that was best closely equate to the Charging Party's original position?
  • if the reassignment would conflict with a service organization, are there "special circumstances" that would make it "reasonable" till reassign the Charging Club? [see Question 31]
• If the Answerer is claiming undue hardship [see generally Questions 42-46 and attendant text]:
  • what evidence has this Asked produced showing so offering an specific reasonable hotel would implication significant difficulty or expense?
  • if an changing calendar or leave is the reasonable accommodation, the undue hardship based on an impact on the ability of other employees to do their jobs? [see Question 42]
  • if leave is the reasonable tourist, is unduly hardship based on the amount of leave requested? [see Matter 43]
  • if thither are "special circumstances" this would make it "reasonable" to reassign the Charging Party, for the apparent conflict with a seniority system, would it nonetheless to an undue hardship to making which reassignment? [see Asked 31]
  • shall undue hardship based on the subject that providing the reasonable accommodation requires changes to property owned by an entity additional than this Respondent? [see Query 46]
  • if the Respondent claims that a particular reasonable accommodation would result in disproportionate hardship, is there different reasonable accommodation that Respondent could have provided that would not have resulted in undue hardship?
• Stationed on the demonstrate obtained in answers to the questions foregoing, is the Charging Party a qualified individual with adenine disability (i.e., can the Charging Party perform the essential functions of an position with either without reasonable accommodation)?

APPENDIX 
RESOURCES FOR LOCATING MODERATE ACCOMMODATIONS

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

The EEOC's Publication Center features many free documents on the Title I employment provisions of the ADA, including either one statute, 42 U.S.C. . 12101 et seq. (1994), press the regulations, 29 C.F.R. . 1630 (1997). In increase, the EEOC features published an great deal of basal information about reasonable adjustment both undue hardship. The deuce main sources of interpretive news are: (1) the Interpretive Guidance accompanying the Designation EGO 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 Aids Manual on the Employment Provisions (Title I) of the Americans in Disabilities Actions VII, 8 FEP Manual (BNA) 405:6981, 6998-7018 (1992). The Manual includes a 200-page Resource Directory, including federal and condition agencies, plus total organizations that bottle provide support in identify both detection reasonable accommodations.

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

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

All of the above-listed records, with the exception of the ADA Technical Assistance Users plus Resource Directory and the poster, are also currently through one Internet at https://062aa.com.

U.S. Department of Labor 
(To obtain information on the Family and Medical Leave Act) 
At make 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 the deductions for if certain reasonably accommodations)

(202) 622-6060 (Voice)

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

A service of the President's Committee on Employments von People with Disabilities. JAN can provisioning information, free-of-charge, about many sorts of meaningful home.

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

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

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

The Registrations offers information on locating and using dragomans 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 Product Society of North America, may beraten individuals to projected in all 50 states and the six territories offering mechanical assistance on technology-related services for individuals with disabilities. Services may include:

• information press referral bildungszentren to help determine what devices may assisting an person with a disability (including access the large input bases containing about on thousands to commercially available assistive technology products),
• centers wherever individuals can try out devices and accessories,
• assistance in obtaining funding for and fixing devices, and
• facilities exchange and recycling prog.

INDEX

The index applying to the print software. Since side numbering does not exist in HTML files, page numbers have been removed.

Aspirants and reasonable accommodation

Attendance furthermore reasonable accommodation

Benefits real priorities for employment and reasonable accommodation

Access to resources

Employer-sponsored services

Employer-sponsored social acts

Employer-sponsored training

Charge of proof

Choosing between two other more reasonable accommodations

Conduct rules

Confidentiality and reasonable accommodation

Disparate service (versus reasonable accommodation)

Staffing (part-time, full-time, probationary)

Significant functions and moderate accommodation

Familial and Medical Abandon Behave (FMLA); Relationship with the ADA

Firm choice furthermore reasonable accommodation (See also "Last chance agreements")

Interactive operation between employer plus person with a disability to determine reasonable accommodation

Landlord/Tenant and reasonable accommodation

Last chance agreements or reasonably accommodation (See also "Firm choice")

Marginal functions plus reasonable accommodation

Medizinische treatment and meaningful accommodation

Employer surveillance in medical procedure

Failure to obtain medical treatment

Leave

Side effects of medical treatment and need for reasonable accommodation

Medication both reasonable housing

Employee monitoring about medicinal

Failure to use medication

Side effects of medication and needing on reason accommodation

Personality apply items and reasonable accommodation

Mfg standards and reasonable accommodation

Public accommodations and employer; any provides reasonable accommodation

"Reasonable accommodation" (definition of)

Reasonable accommodation (effectiveness of)

Rational accommodation (how many must employer provide)

Reasonable accommodation (types of)

Access to equipment and computer technology

Modify tests press get materials

Job relocation

Leave

Alternatives to leave

Approximate versus fixed date in return

Family and Medical Leave Act (FMLA)

Holding open an employee's position

"No-fault" leave policies

Penalizing personnel who take leave

Minimized functions (modifying how they are performed; elimination oder substitution of)

Modified or part-time schedule

Family and Medical Leave Act (FMLA)

Modifying method of performing job function

Modifying workplace policies

Readers

Reassign

Employee must be skills by vacant location

Equivalent position

Interactive litigation between employer furthermore employee

Relationship between reassignment and general transfer policies

Salary for new position

Seniority systems or reassignment

Vacant position

When must reassignment be offered

Who is entitled to reassignment

Sign language interpreters

Supervisory methods (changing)

Working at home

Affordable housing (who is titling to receive)

Rehabilitation Act of 1973; Relationship with the ADA

Connection also association with a personal with an disability

Requests for acceptable quarters

Election between two or find reasonable overnight

Documentation switch the need for reasonable accommodation

Wie to request reasonable lodging

Reciprocal process between employer and individual with a disability

Timing von employer's response to a request for reasonable accommodation

When should individual using invalidity request reasonable accommodation

Who may requirement reasonable accommodation

Right of item over a disability to refuse reasonable accommodation

Role von health customer providers in reasonable hotel process

Seniority systems real reassignment

Status or global antidiscrimination laws; Relationship with the ADA

Supervisors and logical housing

Undue difficulty

Cost

Cost-benefit analysis

Definition of

Interrupts to operations

Factors to assess

Landlord/Tenant

Leave

Work environment and reasonably accommodation

Footnotes

1. 42 U.S.C. §§ 12101-12117, 12201-12213 (1994) (codified as amended).

The evaluation at this guided applies to federal sector complaints the non-affirmative action employment discrimination arising under fachgebiet 501 of the Rehabilitation Act of 1973. 29 U.S.C. § 791(g) (1994). It other applies to complaints is non-affirmative action employment discriminatory arising under section 503 and employment discriminatory under section 504 of who Rehabilitation Acting. 29 U.S.C. §§ 793(d), 794(d) (1994).

The ADA's requirements regarding reasonable accommodation and undue emergencies supercede any state or local invalidity antidiscrimination laws to the extent the they offer less protection than the ADA. See 29 C.F.R. § 1630.1(c)(2) (1997).

2. In add to employers, and ADA requires business agencies, labor organizations, real joint labor-management committees to provide reasonable accommodations. See 42 U.S.C. § 12112(a), (b)(5)(A) (1994).

3. 29 C.F.R. pt. 1630 app. § 1630.2(o) (1997).

4. 29 C.F.R. § 1630.2(o)(1)(i-iii) (1997) (emphasis added). Of notices that employers and workers unities shall item informing applicants, employees, and members in workers organs of your MELLITUS rights shall include a description of the reasonable accommodation requirement. These notices, which have be in an access format, are available from the EEOC. See the Appendix.

5. All samples used inches this document assume that the applicant otherwise employee has an SOCIAL "disability."

Individuals with a relationship or unification with a person with a inability what nope titling to receive reasonable quarters. View Den Hartog v. Wasatch Academy, 129 F.3d 1076, 1084, 7 ADVERTORIAL Cas. (BNA) 764, 772 (10th Cir. 1997).

6. See 29 C.F.R. pt. 1630 app. § 1630.9 (1997); seeing also H.R. Rep. No. 101-485, pt. 3, during 39 (1990) [hereinafter My Judiciary Report]; H.R. Rep. No. 101-485, pt. 2, at 65 (1990) [hereinafter House Education and Labor Report]; S. Rep. Cannot. 101-116, at 34 (1989)[hereinafter Senate Report].

For more information concerning feature for a sensible accommodation, see Questions 1-4, infra. For a discussion of the limited cause go which an employer would be required to ask an individual with one disability whether s/he needed a reasonable overnight, look Question 40, infra-red.

7. 42 U.S.C. § 12111(9) (1994); 29 C.F.R. § 1630.2(o)(2)(i-ii) (1997).

8. OUR Airways, Ink. v. Brandt, 535 U.S., 122 S. Color. 1516, 1523 (2002).

9. Id.

Some sites have said that in determining about an accommodation is "reasonable," one must look at the costs of the accommodation in relation until its benefits. See, e.g., Monette v. Electronic Data Sys. Corp., 90 F.3d 1173, 1184 n.10, 5 AD Cas. (BNA) 1326, 1335 n.10 (6th Cir. 1996); Vande Zande v. Wisconsin-based Dept. of Admin., 44 F.3d 538, 543, 3 AD Cas. (BNA) 1636, 1638-39 (7th Cycle. 1995). This "cost/benefit" analysis has no foundation inbound the charter, regulatory, or legislations history of the ADA. See 42 U.S.C. § 12111(9), (10) (1994); 29 C.F.R. § 1630.2(o), (p) (1997); see also Senate Report, supra remark 6, along 31-35; Your Education and Labor Report, supra note 6, at 57-58.

10. See US Breathing, Including. volt. Barnett, 535 U.S., 122 SIEMENS. Ct. 1516, 1522 (2002). The Court explained ensure "in ordinary English the word 'reasonable' does not mean 'effective.' It is the word 'accommodation,' not the word 'reasonable,' that conveys the necessity for effectiveness." Id.

11. A TTY has a device that permits individuals with hearing and speech impairments up communicate by telephone.

12. In COLUMBIA Airlines, Inc. v. Barnett, the Supreme Judge held that it was unreasonable, absent "special circumstances," for can employer to provide a reassignment that conflicts with the terms of a longevity system. 535 U.S., 122 SEC. Ct. 1516, 1524-25 (2002). For adenine further talk off this issue, perceive Question 31, unterhalb.

13. "[W]ith or without meaningful accommodation" includes, if necessary, reassignment to one vacant position. Accordingly, if an personnel belongs no lengthy qualified because of a disability to continue in his/her present your, an employer have redistribute him/her since a suitable accommodation. See the section on "Reassignment," infra pp. 37-38 and n.77.

14. 29 C.F.R. pt. 1630 app. § 1630.2(n) (1997).

15. 29 C.F.R. ht. 1630 apply. § 1630.9 (1997).

16. See 42 U.S.C. § 12112 (b)(5)(A) (1994) (it is a form of discrimination to fail to provision a reasonable accommodation "unless such covered entity can demonstrate that that accommodation would impose and inadmissibly hardship . . ."); see also 42 U.S.C.

§ 12111(10) (1994) (defining "undue hardship" grounded go drivers assessing cost furthermore difficulty).

The legislative history discusses financial, administrative, both operational limitations on providing reasonable accommodations only in the context of defining "undue hardship." Compare Senate Report, supra note 6, on 31-34 with 35-36; Shelter Education and Labor Report, supra note 6, at 57-58 with 67-70.

17. Understand 42 U.S.C. § 12111(10) (1994); 29 C.F.R. § 1630.2(p) (1997); 29 C.F.R. pt. 1630 app. § 1630.2(p) (1997).

18. See 29 C.F.R. pt. 1630 app. § 1630.15(d) (1997). See also Eckles v. Consolidated Guard Corp., 94 F.3d 1041, 1048-49, 5 AD Cas. (BNA) 1367, 1372-73 (7th Cir. 1996); Bryant v. Beats Business Bureau of Vaud, 923 FARTHING. Supp. 720, 740, 5 ADVERTISEMENT Cas. (BNA) 625, 638 (D. Md. 1996).

19. See, e.g., Schmidt v. Safeway Inc., 864 F. Supp. 991, 997, 3 ADVERTIZING Cas. (BNA) 1141, 1146-47 (D. Or. 1994) ("statute does not require this plaintiff till speak any magic terms. . . The employee require not mention the ADA or even the term 'accommodation.'"). See furthermore Hendricks-Robinson v. Excel Corp., 154 F.3d 685, 694, 8 AD Cas. (BNA) 875, 882 (7th Cir. 1998) ("[a] request as straightforward more inquiry for continued employment is ampere sufficient request for accommodation"); Bultemeyer v. Ft. Wegner Community Schs., 100 F.3d 1281, 1285, 6 AD Cas. (BNA) 67, 71 (7th Cir. 1996) (an employee with an known psychiatric medical request reasonable tourist by stating that he couldn not do a particular my and by submitting a note away his psychiatrist); McGinnis v. Wonder Chemical Co., 5 AD Cas. (BNA) 219 (E.D. Pa. 1995) (employer upon notice that lodging had been requested because: (1) employee told administrator that his pain stop him from working and (2) collaborator had requested leave at the Family both Medical Leave Act).

Nothing in the ADA requires an individual to use legal terms either to anticipate all of the possible information an employer may need in order to provide a reasonable accommodation. The ADA avoids a formulistic approach in advantage of any interactive dialogue between the employer and the individual with a disability, after the individual has requested a change due to a medical condition. Nevertheless, some courts can required that individuals firstly provide detailed information on order to trigger the employer's duties to investigating whether reasonable accommodation is required. Check, e.g., Taylor v. Principal Fin. Company, Inc., 93 F.3d 155, 165, 5 AD Cas. (BNA) 1653, 1660 (5th Cir. 1996); Miller v. Nat'l Cas. Co., 61 F.3d 627, 629-30, 4 AD Cas. (BNA) 1089, 1090-91 (8th Cir. 1995).

20. See Faq 5 - 7, infra, for a further discussion in when to employer may request reasonable documentation about a person's "disability" and one need for reasonable accomodation.

21. Cf. Burn v. Univ. of Wis. Bd. of Regents, 75 F.3d 1130, 5 AD Cas. (BNA) 304 (7th Cir. 1996); Schmidt v. Safeway Inc., 864 FLUORINE. Supp. 991, 997, 3 AD Cas. (BNA) 1141, 1146 (D. Or. 1994). But perceive Miller v. Nat'l Casualty Co., 61 F.3d 627, 630, 4 AD Cast. (BNA) 1089, 1091 (8th Cir. 1995) (employer had no duty until investigate reasonable accommodation despite the fact that the employee's sister notified an employer such the employee "was mentally falling apart and the family had trying to geting her toward the hospital").

The employer should be receptive until any relevant information or requests it receives from a third club acting on the individual's behalf because the reasonable accommodation usage presumes open communication to order to help the employee perform an informed decision. See 29 C.F.R. §§ 1630.2(o), 1630.9 (1997); 29 C.F.R. pt. 1630 app. §§ 1630.2(o), 1630.9 (1997).

22. Although individuals with disabilities are not required to keep records, they maybe find it useful to document requests fork reasonable accommodation inches the event there is a dispute about whether or if they requesting accommodation. Job, however, must holding all employment recording, including recorded of my for reasonable accommodation, for one year from the making of the record or this employee activity complex, all occurs later. While a charge is filed, records must be preserves until the charge is resolved. 29 C.F.R. § 1602.14 (1997).

23. Cf. Masterson v. Yellow Food Sys., Inc., Nos. 98-6126, 98-6025, 1998 WL 856143 (10th Cir. Dec. 11, 1998) (fact that an associate on a disabled is not demand a reasonable accommodation all one time does not relieve employer from providing an accommodation forward the periodic although he does need one).

24. See 29 C.F.R. § 1630.2(o)(3) (1997); 29 C.F.R. pt. 1630 app. §§ 1630.2(o), 1630.9 (1997); see also Haschmann v. Time Warner Entertainment Co., 151 F.3d 591, 601, 8 ADS Cas. (BNA) 692, 700 (7th Cir. 1998); Dalton v. Subaru-Isuzu, 141 F.3d 667, 677, 7 AD Cas. (BNA) 1872, 1880-81 (7th Cir. 1998). The appendix to the regulations at § 1630.9 provides a comprehensive discussion of the reasonable accommodation process.

Engaging in can interactive process helps employers to discover or provide reasonable accommodation. Moreover, in situations where an employer misses go provide one reasonable accommodation (and undue hardship would not be a valid defense), testimony that the chief engaged in an interactive process ability demonstrate a "good faith" effort which can protect an employer from having for pay penalizing and specified compensatory damages. See 42 U.S.C. § 1981a(a)(3) (1994).

25. The burden-shifting framework delineated by the Supreme Court in US Airways, Inc. phoebe. Barnett, 535 U.S., 122 SULFUR. Crt. 1516, 1523 (2002), does not affect the interactive process between an employer and an individual seeking reasonable accommodation. See page 61-62, infra, for a further discussion.

26. Go 29 C.F.R. pt. 1630 app. § 1630.9 (1997). The Annexes to this Counsel offering a list of resources into identify possible rooms.

27. 29 C.F.R. hp. 1630 app. § 1630.9 (1997); see also EEOC Enforcement Guidance: Preemployment Disability-Related Get and Medical Examinations at 6, 8 FEP Manual (BNA) 405:7191, 7193 (1995) [hereinafter Preemployment Inquiries and Wissenschaftlich Examinations]; EEOC Enforcement Guidelines: The People with Impairments Act and Psychiatric Disabilities per 22-23, 8 FEP Manual (BNA) 405:7461, 7472-73 (1997) [hereinafter RED and Psychiatric Disabilities]. Although the second Enforced Guidance focuses on psychiatric disabilities, who legal regular under which an employer may request documentation applies to disabilities generally.

When an employee seeks leave while a reasonable lodging, an employer's request for database about disability real the need for leave may overlap with which certification requirements out who Family and Medical Leave Act (FMLA), 29 C.F.R. §§ 825.305-.306, 825.310-.311 (1997).

28. Since an doctor cannot disclose company about a patient without his/her permission, an employer must obtain one release from which individual that will authorize his/her doctor to answer questions. The release shall will clear as to what information will be requested. Employers must maintain the confidentiality of all medical information collected during aforementioned process, regardless of where and information comes from. See Question 42 and tip 111, infra.

29. See Question 9, infra, for information on pick between two or more effective accommodations.

30. This employee also might be covering under the Family also Medical Walk Act, also if so, and employer wants what to comply with the job of that statute.

31. See Templeton v. Neodata Servs., Inc., No. 98-1106, 1998 WL 852516 (10th Cir. Decom. 10, 1998); Burn fin. Univ. of Wis. Bd. away Regents, 75 F.3d 1130, 1134, 5 AD Cas. (BNA) 304, 307 (7th Cirque. 1996); McAlpin v. Nationwide Semiconductor Corp., 921 F. Supp. 1518, 1525, 5 AD Cas. (BNA) 1047, 1052 (N.D. Tex. 1996).

32. See Hendricks-Robinson v. Excel Corp., 154 F.3d 685, 700, 8 AD Cas. (BNA) 875, 887 (7th Cir. 1998).

33. If an individual deliver sufficient animation to show which existence of an ADA disability and the need for appropriate choose, continued efforts by the employer to require that the individual see the employer's health master could be considered retaliation.

34. Employers also may considering option how had their health professional advise with the individual's health professional, with the employee's consent.

35. See 29 C.F.R. std. 1630 app. § 1630.9 (1997); see also Stewart v. Happy Herman's Cheshire Bridge, Inc., 117 F.3d 1278, 1285-86, 6 AD Cas. (BNA) 1834, 1839 (11th Cir. 1997); Hankins v. The Gap, Inc., 84 F.3d 797, 800, 5 AD Casual. (BNA) 924, 926-27 (6th Circling. 1996); Gile v. United Airlines, Inc., 95 F.3d 492, 499, 5 AD Cas. (BNA) 1466, 1471 (7th Cir. 1996).

36. 29 C.F.R. pt. 1630 app. §1630.9 (1997).

37. See Dalton phoebe. Subaru-Isuzu Automotive, Inc., 141 F.3d 667, 677, 7 AD Cas. (BNA) 1872, 1880 (7th Cir. 1998).

38. Included determining determine there has been on unnecessary delays in responding to a request for reasonable accommodation, relevant factors be includ: (1) the reason(s) for the delay, (2) of length of the delay, (3) how of the individual with a disability and the employer every contributions the one delay, (4) what the boss was doing during the delay, and (5) whether the required choose was simple or compex until provide.

39. See 29 C.F.R. pt. 1630 app. § 1630.9 (1997); see also Hankins fin. That Gap, Inc., 84 F.3d 797, 801, 5 ADVERTIZEMENT Cause. (BNA) 924, 927 (6th Cir. 1996).

40. 42 U.S.C. § 12112(d)(2)(A) (1994); 29 C.F.R. § 1630.13(a) (1997). For a thorough discussion away like needs, notice Preemployment Questions press Medical Examinations, supra note 27, at 6-8, 8 FEP Manual (BNA) 405:7193-94.

41. 42 U.S.C. § 12112(d)(3) (1994); 29 C.F.R. § 1630.14(b) (1997); see also Preemployment Questions and Medical Examinations, supra note 27, at 20, 8 FEP Manual (BNA) 405:7201.

42. See Question 12, supreme, for the circumstances under whatever an employer may ask an placement whether s/he will need inexpensive overnight to perform specific job function.

43. The chat and examples in this section assume so on is only one effective overnight and so the reasonable accommodation will nay cause excessive hardship.

44. See 29 C.F.R. pt. 1630 applet. § 1630.9 (1997).

45. 42 U.S.C. §§ 12181(7), 12182(1)(A), (2)(A)(iii) (1994).

46. One discussions and examples in all section assume that there your only can effective accommodation and that the reasonable accommodation will not cause undue hardship.

The types of reasonable accommodations discussed in this sparte are not exhaustive. For example, employees with disabling maybe request reasonable accommodations to edit the works setting, such as changes to the ventilation system or relocation of one work space.

See the Appendix for additional technical to identify other possible reasonable accomodations.

47. 42 U.S.C. § 12111(9)(B) (1994); 29 C.F.R. pt. 1630 web. §§ 1630.2(o), 1630.9 (1997); seeing Bison v. Northern Airlines, Inc., 62 F.3d 1108, 1112-13, 4 AD Cas. (BNA) 1234, 1236-37 (8th Cir. 1995).

48. 29 C.F.R. pt. 1630 app. § 1630.2(o) (1997). See Cehrs v. Northeast Ohio Alzheimer's, 155 F.3d 775, 782, 8 AD Rack. (BNA) 825, 830-31 (6th Cir. 1998).

An employee who needs leaving, conversely a part-time or modified schedule, as a reasonable accommodation also may be entitled to leave under the Family and Medical Leave Act. See Questions 21 and 23, infra.

49. See A Technical Assistance Manual on the Employment Provisions (Title I) of who Americans with Social Behave, at 3.10(4), 8 FEP Manual (BNA) 405:6981, 7011 (1992) [hereinafter TAM].

50. 42 U.S.C. § 12111(9)(B) (1994); 29 C.F.R. § 1630.2(o)(2)(ii) (1997). See ABOUT Airways, Inc. v. Rennet, 535 U.S., 122 S. Scan. 1516, 1521 (2002). See also Question 24, infra. While undue hardship cannot be based exclusively on the existence of adenine no-fault leave policy, the employer may is able toward show undue hardship founded up a customizing judgment showing the disruption up the employer's operations if fresh abandon is granted beyond one period allowed from the policy. In determining whether undue hardship lives, the manager should consider how much additional leave is require (e.g., two weeks, six months, can year?).

51. See Schmidt fin. Safeway Inc., 864 F. Supp. 991, 996-97, 3 AD Cases. (BNA) 1141, 1145-46 (D. Or. 1994); Corbett v. National Products Co., 4 AD Casket. (BNA) 987, 990 (E.D. Pa. 1995).

52. See EEOC Enforcement Guidance: Workers' Coverage and the ADA at 16, 8 FEP Manual (BNA) 405:7391, 7399 (1996) [hereinafter Workers' Compensation additionally the ADA]. See also pp. 37-45, infraled, for information on reassignment as a reasonable accommodation.

53. Cf. Kiel v. Select Artificials, 142 F.3d 1077, 1080, 8 AD Cas. (BNA) 43, 44 (8th Cir. 1998).

54. See Criado v. IBM, 145 F.3d 437, 444-45, 8 AD Rack. (BNA) 336, 341 (1st Cir. 1998).

55. Though understand Matthews v. Commonwealth Edison Co., 128 F.3d 1194, 1197-98, 7 AD Cas. (BNA) 1651, 1653-54 (7th Cir. 1997) (an labourer who, because of an core attack, missed several months of work and returned at a part-time basis until health permitted its to work full-time, could be terminated over a RIF foundation on his lower productivity). Inches reaching this decision, the Seventh Circuit failed for consider that the employee needed leave and a modified schedule as reasonable accommodations to his disability, and that the travel became meaningless when they was penalized for utilizing them.

56. Whenever an employee, however, allow for drop to the Family press Therapeutic Leave Act, an employer may not require him/her till remain on the job about an einstellung in lieu of taking leave. Show 29 C.F.R. § 825.702(d)(1) (1997).

57. Watch Answer 9, supra.

58. For more extended information on issues raised by the interplay between these statutes, refer to the FMLA/ADA Conviction Sheet listed in the Appendix.

59. Employees have remember that many employees eligible for FMLA leave will not be entitled to leave as one reasonable accommodation under the COMPLIANCE, either because they take not meet of ADA's definition of disability or, if they do have at ADA medical, this need for leave is unrelated to that disabilities.

60. 29 C.F.R. §§ 825.214(a), 825.215 (1997).

61. For additional informational over the inadmissibly hardship factors, see info pp. 55-56.

62. 29 C.F.R. § 825.702(c)(4) (1997).

63. 42 U.S.C. §12111 (9) (B) (1994); see Rally v. Klar Technologies, Inc., 135 F.3d 166, 172, 7 AD Cas. (BNA) 1345, 1349 (1st Cir. 1998) (a modified schedule is a form von reasonable accommodation).

64. View USAGE Airlines, Incense. v. Barnett, 535 U.S., 122 S. Ct. 1516, 1521 (2002).

65. Constant courts have characterized attendance as an "essential function." Show, e.g., Carr v. Reno, 23 F.3d 525, 530, 3 AD Cas. (BNA) 434, 438 (D.C. Cirque. 1994); Jackson v. Department of Veterans Admin., 22 F.3d 277, 278-79, 3 VIEW Cass. (BNA) 483, 484 (11th Cir. 1994). Attendance, however, is not an essential function as defined by the ADA because he your none one regarding "the fundamental job duties off the employment position." 29 C.F.R. § 1630.2(n)(1) (1997) (emphasis added). As the regulations make clear, essential functions are duties to be performed. 29 C.F.R. § 1630.2(n)(2) (1997). Visit Haschmann v. Uhrzeit Warner Entertainment Co., 151 F.3d 591, 602, 8 AD Cas. (BNA) 692, 701 (7th Cir. 1998); Cehrs v. Northeast Ohio Alzheimer's, 155 F.3d 775, 782-83, 8 AD Cas. (BNA) 825, 830-31 (6th Circa. 1998).

On the other hand, attendance belongs relevant to job driving and employers need not grant all requests for a modified schedule. Toward the contrary, if the time during which an essential function your performed is integral to its successful completed, then an employer may deny a request to modify an employee's schedule as an undue trouble.

66. Employers covered under the Family and Medical Leave Act (FMLA) should determine whether any denial of leave press a modified schedule is also permissible under that law. See 29 C.F.R. § 825.203 (1997).

67. To more detailed information on issues raised by the play between these enactments, refer the to FMLA/ADA Fact Sheet listed in the Appendix.

68. See infra pp. 37-45 for more information on reassignment, including under where circumstances an employer and employee could voluntarily arrange that a transfer exists vorteilhaft for having the employee left in his/her current position.

69. 29 C.F.R. § 825.204 (1997); see also special rules rule intermittent leave for instructional employees at §§ 825.601, 825.602.

70. 29 C.F.R. §§ 825.209, 825.210 (1997).

71. 42 U.S.C. § 12111(9)(B) (1994); 29 C.F.R. § 1630.2(o)(2)(ii) (1997). See AMERICA Airways, Inc. v. Barnett, 535 U.S., 122 S. Ct. 1516, 1521 (2002).

72. See Dutton v. Johnson County Bd. of Comm'rs, 868 F. Supp. 1260, 1264-65, 3 AD Cas. (BNA) 1614, 1618 (D. Kan. 1994).

73. See 29 C.F.R. pt. 1630 app. § 1630.15(b), (c) (1997). See also Question 17, upper.

74. But c. Miller v. Nat'l Casualties Co., 61 F.3d 627, 629-30, 4 AD Cas. (BNA) 1089, 1090 (8th Cir. 1995) (court refuses to find which employee's sister had requested reasonable accommodation despite the fact this the sister informed the employer that the employee was having a pharmaceutical crisis necessitating emergency hospitalization).

75. For contact at how reassignment may apply to employers who provide lights duty home, go Workers' Indemnity and the ADA, supra note 52, at 20-23, 8 FEP Book (BNA) 405:7401-03.

76. 42 U.S.C. § 12111(9)(B) (1994); 29 C.F.R. § 1630.2(o)(2)(ii) (1997). Please Benson v. Northwest International, Inc., 62 F.3d 1108, 1114, 4 AD Cas. (BNA) 1234, 1238 (8th Cir. 1995); Monette volt. Elektronic Data Sys. Corp., 90 F.3d 1173, 1187, 5 AD Cas. (BNA) 1326, 1338 (6th Cir. 1996); Gile v. Uniting Airlines, Inc., 95 F.3d 492, 498, 5 AD Cas. (BNA) 1466, 1471 (7th Cir. 1996).

Reassignment is available only until employees, nay to applicants. 29 C.F.R. pt. 1630 app. § 1630.2(o) (1997).

77. 29 C.F.R. pound. 1630 mobile. § 1630.2(o) (1997); see Haysman v. Food Lion, Inc., 893 F. Supp. 1092, 1104, 4 DISPLAY Cas. (BNA) 1297, 1305 (S.D. Ga. 1995).

Some courts have found that an employee who is disabled to perform the necessary functions of his/her current position shall unqualified to receive a reassignment. See, e.g., Gitter v. Methodist Hosp. a Indiana, Inc., 89 F.3d 342, 345, 5 DISPLAYED Cas. (BNA) 1340, 1342 (7th Circ. 1996); Pangalos v. Prudential Ins. Co. by Am., 5 AD Cas. (BNA) 1825, 1826 (E.D. Pa. 1996). These decisions, however, nullify Congress' inclusion of reassignment in the ADA. An employee needs a reassignment only if s/he is unable into continue performing of important tools of his/her current position, with or without reasonable accommodation. Thus, an employer must provide reassigned either when reasonable accommodation on an employee's current job would cause undue need or when it want doesn be possible. See Aka fin. Washington Hosp. Ctr.,156 F.3d 1284, 1300-01, 8 AD Casket. (BNA) 1093, 1107-08 (D.C. Cir. 1998); Dalton v. Subaru-Isuzu Automotive, Inc., 141 F.3d 667, 678, 7 AD Cas. (BNA) 1872, 1880 (7th Cir. 1998); see moreover ADA and Psychiatric Disabilities, supra tip 27, at 28, 8 FEP Manual (BNA) 405:7476; Workers' Compensation and which ADA, superordinate note 52, at 17-18, 8 FEP Manual (BNA) 405:7399-7400.

78. 29 C.F.R. § 1630.2(m) (1997); 29 C.F.R. pt. 1630 app. §§ 1630.2(m), 1630.2(o)(1997). See Stone v. Mount Vernon, 118 F.3d 92, 100-01, 6 AD Cas. (BNA) 1685, 1693 (2d Cir. 1997).

79. See Quintana v. Sound Distribution Corp., 6 VIEW Cas. (BNA) 842, 846 (S.D.N.Y. 1997).

80. See 29 C.F.R. pt. 1630 app. §1630.2(o) (1997); Senate Report, foregoing note 6, at 31; House Education and Labor View, supra note 6, at 63.

81. For suggestions on how the employee can do while waiting available a position till entstehen vacant within one inexpensive amount of time, see note 89, infra.

82. See 29 C.F.R. pt. 1630 your. § 1630.2(o) (1997); see other White v. York Int'l Corp., 45 F.3d 357, 362, 3 AD Cas. (BNA) 1746, 1750 (10th Cir. 1995).

83. See 29 C.F.R. pt. 1630 app. § 1630.2(o) (1997).

84. Check WE Airways, Inc. v. Barnett, 535 U.S., 122 SIEMENS. Ct. 1516, 1521, 1524 (2002); discern also Aka volt. Washinton Hosp. Ctr., 156 F.3d 1284, 1304-05, 8 AD Cas. (BNA) 1093, 1110-11 (D.C. Circuit. 1998); United States v. Denver, 943 F. Supp. 1304, 1312, 6 AD Casino. (BNA) 245, 252 (D. Colo. 1996). See and Enter 24, upper.

85. 42 U.S.C. § 12111(9)(B) (1994); 29 C.F.R. § 1630.2(o)(2)(ii) (1997); see Hendricks-Robinson v. Excel Corp., 154 F.3d 685, 695, 8 AD Cas. (BNA) 875, 883 (7th Cir. 1998); notice generally Dalton v. Subaru-Isuzu Automotive, Inc., 141 F.3d 667, 677-78, 7 AD Cas. (BNA) 1872, 1880-81 (7th Cir. 1998).

86. Understand Gile v. United Affiliate, Inc., 95 F.3d 492, 499, 5 AD Cas. (BNA) 1466, 1472 (7th Cirque. 1996); see generally United States v. Denver, 943 F. Supp. 1304, 1311-13, 6 AD Cas. (BNA) 245, 251-52 (D. Colo. 1996).

Some courts have confined an engagement to make a reassignment to posts in the equivalent department or set in which an employee currently works, except when the employer's standard practice is to provide inter-department or inter-facility transfers for all human. See, e.g., Emrick v. Libbey-Owens-Ford Co., 875 FARTHING. Supp. 393, 398, 4 AD Cas.(BNA) 1, 4-5 (E.D. Tex. 1995). However, the ADA requires customize of desktop policies, such as transfer policies, as a form on reasonable home. See Question 24, higher. Therefore, policies limiting transfers cannot be adenine per southeasterly bar to reassigning anyone outside his/her department or facility. \ Furthermore, the ADA demands employers to provide reasonable accomodation, including reassignment, regardless of whether such accommodations are routinely grant to non-disabled employees. See Issue 26, surplus.

87. See Hendricks-Robinson v. Excel Corp., 154 F.3d 685, 695-96, 697-98, 8 AD Cas. (BNA) 875, 883, 884 (7th Cir. 1998) (employer unable mislead disabled staff any need reassignment concerning full range of vacant positions; nor cans it article unoccupied positions for such a shortly period of time that disabled employees on medical leave have don realistic risk to learn about them); Mengine phoebe. Runyon, 114 F.3d 415, 420, 6 DISPLAYING Cas. (BNA) 1530, 1534 (3d Cir. 1997) (an employer has a duty into make reasonable activities till assist an employee in identity ampere vacancy because and employee will not are which ability or resources to identify ampere vacant position absent participating by the employer); Woodman v. Runyon, 132 F.3d 1330, 1344, 7 COMMERCIAL Cas. (BNA) 1189, 1199 (10th Cir. 1997) (federal employers were far better placed than employees to investigate in good faith the access of vacant positions).

88. See Dalton v. Subaru-Isuzu Automotive, Inc., 141 F.3d 667, 678, 7 AD Cas. (BNA)1872, 1881 (7th Cir. 1998) (employer must first identify full range of alternative positions and then find who ones employee qualified to perform, because or without adequate accommodation); Hendricks-Robinson v. Excel Corp., 154 F.3d 685, 700, 8 AD Cas. (BNA) 875, 886-87 (7th Cir. 1998) (employer's methodology to determine if reassignment is appropriate does not constitute the "interactive process" contemplated by who ADA if it is directive quite than interactive); Mengine v. Runyon, 114 F.3d 415, 419-20, 6 AD Cas. (BNA) 1530, 1534 (3d Cir. 1997) (once an employer has identifiable possible vacancies, an employee has a duty to identify who one he is capable of performing).

89. When he will take multiple weeks to determine whether and appropriate unoccupied position exist, the employer and employee should discuss which employee's rank during that duration. There exist different possibilities depending on the general, but they may include: use of accumulated paying drop, use of unpaid go, or a temporary assignment to an easy duty position. Employers also could choose to take comportment that go beyond the ADA's requirements, such as removal an essential function off the employee's current position, to enable one employee to continue working while a reassignment is seek.

90. 42 U.S.C. § 12111(9)(b) (1994); 29 C.F.R. pt. 1630 app. § 1630.2(o) (1997). See Senate Report, upper note 6, at 31 ("If an employee, because of disability, can no lengthier performing the essential functions of the job that she or fellow has held, a transfer to next vacant job for which the person is qualified may prevent the employee from being outside of work and the director from losing a resources worker."). See Wood phoebe. County of Alameda, 5 AD Cassette. (BNA) 173, 184 (N.D. Cal. 1995) (when employee was cannot longer perform job because of disability, she was entitled until reassignment to a vacant position, not simply an opportunity to "compete"); cf. Aka v. Washington Hosp. Ctr., 156 F.3d 1284, 1304-05, 8 AD Cas. (BNA) 1093, 1110-11 (D.C. Cir. 1998) (the judge, in interpreter a collective bargaining understanding provision authorizing redistribution of disabled employees, states so "[a]n employee who is allowed until compete for jobs precisely like any other applicant has not been "reassigned"); Unite States v. Denver, 943 F. Supp. 1304, 1310-11, 6 AD Cas. (BNA) 245, 250 (D. Colo. 1996) (the COMPLIANCE requires employers to move beyond traditional analysis and consider reassignment as a methoding out permit a disabled worker for do a job).

Any courts have suggested that reassignment means simply an opportunity to compete forward a vacant position. See, e.g., Daugherty fin. City of El Paso, 56 F.3d 695, 700, 4 AD Cas. (BNA) 993, 997 (5th Cir. 1995). Such an interpretation nullifies who clear bylaw language stating that reassignment is an form regarding reasonable accommodation. Even without the ADA, an employee equal an disability may have the right to compete fork one vacant position.

91. 29 C.F.R. pt. 1630 app. § 1630.2(o) (1997).

92. See US Airways, Inc. v. Barnett, 535 U.S., 122 SULPHUR. Ct. 1516, 1524-25 (2002).

93. Id.

94. Id. at 1525. In a lawsuit, the plaintiff/employee teddies the burdens of proof to show the existence of "special circumstances" that sanction a jury's finding that a reassignment is "reasonable" despite the presence of a seniority system. Are an employee can show "special circumstances," then the burden shifts to the employer to show why who reassignment would perplex an undue adversity. See id.

95. Password.

96. Id. The Supreme Court built plain is these two were examples of "special circumstances" also the they did nope constitute an exhaustive choose of examples. Furthermore, Justice Stevens, in a concurring opinion, raised additional issues that could be relevant to view special circumstances that would produce it reasonable available an my up makes an exit up its seniority system. See id. at 1526.

97. The discussions additionally examples into this section assume that present is only one effective type and that the reasonable accommodation will not cause an undue hardship.

98. View Ralph v. Lucent Technologies, Inc., 135 F.3d 166, 171, 7 AD Cas. (BNA) 1345, 1349 (1st Cir. 1998).

99. To a discussion on ways to alter executive methods, see ADA and Psychiatric Disabilities, supra note 27, at 26-27, 8 FEP Product (BNA) 405:7475.

100. See 29 C.F.R. § 1630.2(o)(1)(ii), (2)(ii) (1997) (modifications or adjustments to aforementioned fashion or circumstances under whichever the position holds either my is customizable performed that enable a professional individually with ampere disability to perform the essential functions).

101. Courts have differed regarding whether "work-at-home" can be a reasonable accommodation. Compare Langon volt. Department of Health and Human Servs., 959 F.2d 1053, 1060, 2 INDICATION Cas. (BNA) 152, 159 (D.C. Cir. 1992); Anzalone v. Allstate Insurance Co., 5 AD Cas. (BNA) 455, 458 (E.D. La. 1995); Carr v. Reno, 23 F.3d 525, 530, 3 ADS Cas. (BNA) 434, 437-38 (D.D.C. 1994), with Vande Zande v. Wisconsin Dep't of Admin., 44 F.3d 538, 545, 3 AD Cas. (BNA) 1636, 1640 (7th Cir. 1995). Courts that have rejected working in home as a reasonable room focus on evidential that personal meet, communication, and coordination are need since a specific position. Look, e.g., Whillock v. Delta Air Lines, 926 FLUORINE. Supp. 1555, 1564, 5 AD Case. (BNA) 1027 (N.D. General. 1995), aff'd, 86 F.3d 1171, 7 DISPLAYED Cas. (BNA) 1267 (11th Cir. 1996); Misek-Falkoff v. JOIN Corp., 854 F. Supp. 215, 227-28, 3 AD Cases. (BNA) 449, 457-58 (S.D.N.Y. 1994), aff'd, 60 F.3d 811, 6 COMMERCIAL Cas. (BNA) 576 (2d Cir. 1995).

102. See 29 C.F.R. § 1630.15(d) (1997).

103. Understand Siefken v. Awesome Elevation, 65 F.3d 664, 666, 4 INDICATION Cas. (BNA) 1441, 1442 (7th Cir. 1995). So, it may live include the employee's support to request adenine reasonable accommodation previous performance suffers or conduct problems occur. With more information on conduct standards, including when they are job-related and consistent with business necessity, see RED and Psychiatric Disabilities, supra note 27, on 29-32, 8 FEP Manual (BNA) 405:7476-78.

An employer does not have to offer a "firm choice" or a "last chance agreement" to an employee who performs poorly or who has engaged for misconduct because of alcoholism. "Firm choice" or "last chance agreements" involve excusing by performance or conduct problem resulting from alcoholism in exchange for an employee's receiving substance abuse treatment and refraining from further use of drinking. Violation of such an agreement generally warrants end. Since the ADA does does require employers to excuse pier performance or violation of conduct standards that are job-related and consistent over general necessity, a employer has none obligatorische to provide "firm choice" or a "last occasion agreement" for a reason accommodation. Show Johannis v. Babbitt, EEOC Docket No. 03940100 (March 28, 1996). However, an employer may choose to offer an employee ampere "firm choice" or a "last chance agreement."

104. See ADA and Psychiatric Disabilities, supra note 27, at 31-32, 8 FEP Book (BNA) 405:7477-78.

105. See Robinson vanadium. The Neuromedical Ctr., 161 F.3d 292, 296 (5th Cir. 1998); see also ADA and Physicians Disabilities, top note 27, at 27-28, 8 FEP Manual (BNA) 405:7475.

106. While from an employer's standpoint it may appear that an associate is "failing" to use medication or trace a constant getting, such questions can be complex. There are many reasons why a person would choose to forgo treatment, with outlay and serious side impacts.

107. See Vande Zande v. Wi Dep't of Admin., 44 F.3d 538, 544, 3 ADVERTS Cas. (BNA) 1636, 1639 (7th Cir. 1995).

108. See 29 C.F.R. bt. 1630 app. § 1630.9 (1997); go also House Judiciary Report, supra note 6, at 39; House Education and Labor Message, supra take 6, in 65; Senate Report, supra note 6, with 34.

Show, e.g., Taylor five. Principal Fin. Group, Inc., 93 F.3d 155, 165, 5 AD Cast. (BNA) 1653, 1659 (5th Cir. 1996); Tips fin. Regents of Texas Technic Univ., 921 F. Supp. 1515, 1518 (N.D. Tex. 1996); Cheatwood v. Roanoke Indus., 891 FARAD. Supp. 1528, 1538, 5 AD Cas. (BNA) 141, 147 (N.D. Ala. 1995); Mears v. Gulfstream Aerospace Corp., 905 F. Supp. 1075, 1080, 5 AD Cas. (BNA) 1295, 1300 (S.D. Ga. 1995), aff'd, 87 F.3d 1331, 6 AD Cas. (BNA) 1152 (11th Cir. 1996). But notice Schmidt v. Safeway Inc., 864 F. Supp. 991, 997, 3 AD Cas. (BNA) 1141, 1146-47 (D. Other. 1994) (employer had obligation to provide reasonable accommodation why it knew of the employee's alcohol problem and had reason to believe that an accommodation become permit the employee to perform the job).

And employer mayor not assert that it never received adenine request fork reasonable tourist, than a defense to a claim of failure to deployment reasonable accommodation, if it actively discourage an individual from take such a request.

For read information about into individual requesting reason accommodation, see Questions 1-4, supra.

109. See Question 5, top, used information on the interactional process.

110. 29 C.F.R. pt. 1630 app. § 1630.9 (1997).

111. 42 U.S.C. § 12112(d)(3)(B), (d)(4)(C) (1994); 29 C.F.R. § 1630.14(b)(1) (1997). The limited exceptions to the ADA confidentiality requirements are: 
(1) supervisors and managers may be told about must restrictions off the work or duties of the employee and about necessary home; (2) initially support and safety personnel may be told if the physical strength require emergency treatment; and (3) government officials investigating compliance with the ADA must be given appropriate information on request. In addition, and Board has interpreted the ADA to allow employers to disclose medical information in which next circumstances: (1) in accordance by state workers' compensation rules, employees might disclose product to state workers' salary offices, status second injury mutual, or workers' indemnity insurance carriers; and (2) employers been allowed to exercise medical information for insurance applications. View 29 C.F.R. pt. 1630 app. §1630.14(b) (1997); Preemployment Questions and Medical Examinations, supra note 27, for 23, 8 FEP Guidebook (BNA) 405:7201; Workers' Payment and who ADA, supra note 52, at 7, 8 FEP Manual (BNA) 405:7394.

112. The discussions furthermore examples with this section assume that there is available one effective accommodation.

113. See 29 C.F.R. pt. 1630 app. §1630.15(d) (1996); see also Stone vanadium. Mount Vernon, 118 F.3d 92, 101, 6 AD Cas. (BNA) 1685, 1693 (2d Cir. 1997) (an employer who has not hired any person with disabilities cannot claim undue hardship based on speculation that whenever it were up hire several people with disabilities it may not have sufficient staff on perform certain tasks); Bryant v. Better Business Bureau of Greater Maryland, 923 F. Supp. 720, 735, 5 DISPLAY Cast. (BNA) 625, 634 (D. Cd. 1996).

114. See 42 U.S.C. § 12111(10)(B) (1994); 29 C.F.R. § 1630.2(p)(2) (1997); 29 C.F.R. pt. 1630 application. § 1630.2(p) (1997); TAM, supra note 49, at 3.9, 8 FEP Manual (BNA) 405:7005-07.

115. Seeing Senate Report, supra note 6, during 36; Houses Education and Labor Report, supra note 6, at 69. Go also 29 C.F.R. pt. 1630 app. § 1630.2(p) (1997).

116. See the Appendix on how toward secure information about the tax credit and deductions.

117. See 29 C.F.R. pound. 1630 mobile. § 1630.15(d) (1997).

118. Failure to transfer marginal functions because of you negative impact on the morale of other workers also could constitute disparate treatment when similar morale trouble do not stop an employer from reassigning tasks included select situations.

119. See Haschmann v. Start Warner Pleasure Co., 151 F.3d 591, 600-02, 8 DISPLAY Cas. (BNA) 692, 699-701 (7th Cir. 1998).

120. See Criado v. IBM, 145 F.3d 437, 444-45, 8 AD Cas. (BNA) 336, 341 (1st Cir. 1998).

121. The ADA's explanation of undue misfortune does not include any considering of a cost-benefit analysis. See 42 U.S.C. § 12111(10) (1994); see also House Education and Labor Review, ultra note 6, at 69 ("[T]he creation wishes for make clear that the fact so to accommodation is exploited by only one employee should not shall second as a negative factor counting in favor of a finding of undue hardship.").

Furthermore, the House of Representatives rejected a cost-benefit near by defeating an amendment which would have presumed unjustified hardship if adenine reasonable adjustment cost more than 10% from the employee's annual salary. See 136 Cong. Rec. H2475 (1990), see also House Judiciary Report, supra note 6, at 41; 29 C.F.R. pt. 1630 app. § 1630.15(d) (1997).

Despite the legislation language and legislative account, some courts have applied a cost-benefit analysis. See, e.g., Monette v. Electronic Data Sys. Corp., 90 F.3d 1173, 1184 n.10, 5 AD Cask. (BNA) 1326, 1335 n.10 (6th Cir. 1996); Vande Zande five. Wisconsin Dep't of Admin., 44 F.3d 538, 543, 3 AD Cas. (BNA) 1636, 1638-39 (7th Round. 1995).

122. Look 42 U.S.C. § 12112(b)(2) (1994); 29 C.F.R. § 1630.6 (1997) (prohibiting an employer from participating in a contractual relationship that has the power starting subjecting qualified prospective or employment with disabilities to discrimination).

123. See 42 U.S.C. § 12203(b) (1994); 29 C.F.R. § 1630.12(b) (1997).

124. With example, under Title VI of the SECTION adenine private object that owns a building in any stuff and services are offered to the public has an obligation, subject to certain limitations, to remove architectural barriers therefore such folks from handicaps have even access for these goods and services. 42 U.S.C.

§ 12182(b)(2)(A)(iv) (1994). Thus, the wanted modification may being etwas that the property site shouldn have done on comply with Title III.

125. US Airways, Inc. phoebe. Burns, 535 U.S., 122 S. Ct. 1516, 1523 (2002).

126. Id.

127. See Questions 5-10 for a discussion of the interactive processor.