When must employers accommodate individuals with disabilities?

The obligation to provide reasonable accommodation to workers will depend upon the facts presented in each case. There is no formula that can be applied to each disability that will provide the appropriate accommodation. Employers and workers will have to engage in a problem solving, give-and-take discussion for each disability situation to determine the most reasonable accommodation.

EEOC regulations provide some help for employers as they go through the accommodation process to know when a reasonable accommodation is or is not required. These issues should be explored when relevant during the give and take process of determining a reasonable job accommodation.

 

Must the disability be known to the employer? An employer is only required to pursue the accommodation process when the need for accommodation due to physical or mental disability is known to the employer. If an employee with a known disability is having trouble performing a job, the employer may ask whether the employee is in need of some reasonable accommodation. In general, however, it is the responsibility of the employee or applicant with a disability to inform the employer that an accommodation is needed. When the need for an accommodation is not obvious, the employer, before starting the accommodation investigation process, may require the person to provide documentation of the need for an accommodation.

 

What if the requested accommodation is "personal"? An employer is only required to provide an accommodation that specifically assists an employee in performing the job. If an accommodation assists the individual throughout his or her daily activities, on and off the job, it is considered to be "personal" and the employer is not required by the ADA to provide the accommodation.

Example 1: An employer will generally not be required to provide an employee with a disability with a prosthetic limb, wheelchair or eyeglasses. Nor would the employer have to provide a convenience that is not job-related (such as a private hot plate or refrigerator) that is not provided to other employees.

Example 2: An employer would be required to provide an individual who has a disabling vision impairment with eyeglasses specifically designed to enable the person to use office computer monitors, but that are not otherwise needed by the individual outside of the office.

However, the employee may be allowed to the opportunity to provide and utilize equipment, aids or services that the employer would not otherwise be required to provide as a reasonable accommodation.

Example 3: It would be a reasonable accommodation for an employer to permit a person who is blind to use a guide dog at work, even though the employer would not be required to provide a guide dog for the employee.

Is an employer required to provide the reasonable accommodation of the individual's choice? The employer may choose among reasonable accommodations as long as the chosen accommodation is effective.If there are two possible reasonable accommodations, and one costs more or is more burdensome than the other, the employer may choose the less expensive or burdensome accommodation as long as it is effective. Similarly, when there are two or more effective accommodations, the employer may choose the one that is easier to provide. In either situation, the employer does not have to show that it is an undue hardship to provide the more expensive or more difficult accommodation.

 

If more than one accommodation is effective, the preference of the individual with a disability should be given primary consideration. However, the employer providing the accommodation has the ultimate discretion to choose between effective accommodations.

When must employers accommodate individuals with disabilities?

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