As most of you probably know, the Americans with Disabilities Act granted a number of protections to those with disabilities. Under Title I of the Act, applicants and employees with disabilities receive protection from the unjust employment discrimination that has been forever present in our society. Among these employment protections is the requirement for employers to provide reasonable accommodations to qualified applicants and employees with disabilities. While there are many provisions to the statute, there are key points that I will address in an attempt to clarify this sometimes complex law.

Simply, reasonable accommodation involves three categories of accommodations in the workplace. First, a prospective employer is required to modify or adjust the job application process to allow any qualified applicant with a disability to be considered for the desired position. This may include holding interviews in accessible locations, altering the format of a job assessment exam, providing a reader for job application materials, and more. Second, employers must make any modifications or adjustments to the actual work environment or the ways in which the job should be performed to allow the worker to conduct all essential functions of the position. Among these modifications are making existing facilities accessible, job restructuring, obtaining or adapting equipment, etc. The final category of reasonable accommodation involves adjusting or modifying employee benefits so employees with disabilities can equally enjoy the privileges of employment.

In general terms, a person with a disability to perform the essential functions of the job. If the employee needs reasonable accommodations to do so, then the employer must provide them. According to previous court cases, reasonable means the accommodation should be feasible to employers. However, there are limitations if the employer can show that such accommodation will result in undue hardship. For an employer to claim undue hardship, they must demonstrate that an accommodation will cause significant difficulty and/or expense. Still, all circumstances must be evaluated and the employer’s size and financial state will play a crucial role. A recent study by the Job Accommodation Network (JAN) found that accommodations usually cost little to nothing for employers, with the average being $400. In nearly all situations, employers would find it challenging to prove an undue hardship when the majority of accommodations cost under $400.

While the laws can get confusing at times, the Equal Employment Opportunity Commission offers some helpful tips in requesting accommodation. Most importantly, the requester must simply ask the employer for the needed accommodations, and it is not necessary to cite the law or mention “reasonable accommodation”, though it can be helpful to use that phrase. Moreover, requests do not need to be in writing, but it may be necessary to provide disability documentation at the employer’s request. Merely knowing your rights will help you to avoid discrimination and/or address misconceptions that an employer may have.

In the coming weeks, I will discuss the details of specific accommodations such as job restructuring, flexible schedules, use of technology, and reassignment. In the mean time, what are your experiences with accommodations in the workplace? Does the ADA effectively provide equal employment access to individuals with disabilities?