HAHN AGENCY, INC.
Employment
Practices Loss Control:
Accommodating Claimed Disabilities Under ADA
One of the most difficult problems presented by the ADA is the reasonable
accommodation of claimed disabilities. The ADA requires an organization to make
a reasonable accommodation to an "otherwise qualified individual with a
disability." An individual with a disability is "otherwise
qualified" if the person is qualified for the position except that he or
she needs a reasonable accommodation to perform the job's essential functions.
The following inquiries should be made by organizations as a starting point in
this analysis:
- Has the applicant or employee sought an accommodation? The employer's duty
is to reasonably accommodate the known disability of an otherwise qualified
individual.
- Does the applicant or employee have a current disability under the ADA? A
disability for these purposes is a physical or mental impairment that
substantially limits one or more major life activities of the individual
employee. Only individuals with current disabilities are entitled to
accommodation.
- What accommodation has the applicant or employee requested? The
accommodation process must involve an interactive dialogue between the
disabled individual and the employer. Whether an accommodation is reasonable
depends on the individual, the disability and the specific job.
- What are the purposes and essential functions of the job involved?
Essential functions are fundamental to a position as opposed to being
marginal. A job function may be essential because the position exists to
perform this function, there are a limited number of people to perform the
function, or if the function is so specialized that the incumbent in the
position was hired for the ability to perform it.
- Written job descriptions prepared by the organization before advertising
or interviewing for the job are evidence of the essential functions of the
position. Organizations should analyze existing job descriptions so that
essential functions can be designated.
- Will the accommodation sought enable the individual to perform the
essential functions of the job?
- Does the accommodation requested pose an undue hardship for the
organization? Undue hardship under the ADA means an action requiring
significant difficulty or expense. If an undue hardship is claimed, what
evidence supports this conclusion? Consider, for example, the cost,
financial resources of the facility and organization, and any collective
bargaining agreement provisions affected.
- Are other accommodations available that are effective but would not pose
an undue hardship for the organization? The fact that a particular
accommodation poses an undue hardship does not end the inquiry. It only
means that the organization need not provide that accommodation.
- Does the accommodation proposed by the applicant or employee lower
performance standards? The reasonable accommodation requirement does not
compel the organization to set lower performance standards for disabled
individuals.
- Are there several, alternative accommodations that are both reasonable and
effective? The organization can select the easier or the least expensive
accommodation as long as it is effective.
- Have experts or other community or governmental resources been consulted
in an attempt to find a reasonable accommodation?
- Has the search for a reasonable accommodation and discussions with the
applicant or employee been documented so that the organization can defend
itself in later administrative proceedings or litigation, if no reasonable
accommodation is found?
Employment
Practices Loss Control
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