Definition of Accommodation in Employment Contracts
The term "reasonable accommodation" pertains to the broad scope of duties required of employers with respect to disabled employees and job applicants. Reasonable accommodation, as defined in the Americans With Disabilities Act (ADA), is designed to ensure that disabled individuals are given certain reasonable accommodations within their jobs or the interview process as long as they do not pose a hardship to the employer.
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Who Must Give Reasonable Accomodation?
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Employers with 15 or more employees must act in compliance with the ADA.
Undue Hardship to Employers
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Employers are required to remove barriers in the workplace that prevent otherwise qualified employees and applicants from performing their jobs unless this would pose an undue hardship Specifically, the removal of the barrier must be prohibitively costly, therefore posing a financial burden to the employers; or the removal of the barrier must cause a significant disruption to the business and other employees. Employers are required to seek outside funding sources if necessary, such as state and federal grant money and tax credits, to pay for such accommodations.
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Requesting Accommodation
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The ADA specifies that employees and job applicants must initiate a request for accommodation due to their disability. Employers may ask for written confirmation of the disability from an employee's or applicant's physician, but may not request comprehensive medical records.
Modifications in the Workplace
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Reasonable accommodation may require that employers make the workplace itself more accessible for the disabled employees. For example, work stations may be modified for the wheelchair-bound employees. Employees with hearing or visual impairments may require specialized computer software or communicative devices.
Modification of Workplace Policies
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Disabled employees may require exceptions to workplace policies. For example, employers may be required to give a person with diabetes more breaks to check their insulin level or permit them to snack at their desk when it is otherwise against company policy. Additionally, employers are required to give disabled workers more latitude with respect to their arrival and departure times to and from the workplace.
Modification of Job Duties
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The ADA requires employers to shift the responsibility of more marginal job functions, such as emptying a trash can at one's work station, to other employees if it poses a hardship to the disabled workers. In some cases, modifying the employees' schedule to a part-time schedule may be necessary.
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