The ADA lays down rules for providing reasonable accommodation to qualified disabled individuals in job applications or during the routine course of employment so that the candidate can apply for a job or continue to do his or her job. However, there is a condition; the rule states that reasonable accommodation should not come at a huge cost or difficulty for the employer. For this, the candidate or the employee has to request for reasonable accommodation. To this effect, there is an enforcement guideline.
These guidelines clarify how individuals and employees coping with disabilities can ensure their rights and responsibilities regarding reasonable accommodation.
Title I of the ADA requires that the employer is expected to provide reasonable accommodation to a qualified disabled individual who may be an employee or job employment, except in cases where such an accommodation is liable to cause undue hardship to the employer. It also sets forth the employer’s legal obligations regarding this. In case the employer is desirous of providing more the law does not have any problem.
It states that an employer has to provide reasonable accommodation to qualified disabled individuals, employees or job applicants unless that would cause undue hardship to the employer. In general, reasonable accommodation implies a change in the work environment that may enable a qualified disabled individual to enjoy equal employment opportunities. It has got 3 categories:
- Adjustments to the job application process to enable an applicant with a qualified disability to be considered for the desired position.
- Modifications in the work environment that can enable a qualified disabled individual to perform essential functions of the job or position.
- Adjustments that can enable a disabled employee to enjoy equal employment privileges in comparison to others.
What Else Does The Guidance Include
The guidelines also lay down that the employer has a fundamental and statutory duty to provide reasonable accommodation to a qualified disabled individual. So, reasonable accommodations have to be provided to qualified individuals regardless of the schedule or nature of employment.
These guidelines examine what is “reasonable accommodation” and who is entitled to get it. It also dwells about what constitutes a request for a reasonable accommodation as well as the substance and form of request. It also dwells on the employer’s authority about asking questions and seeking documentation after the candidate has made a request.
The Guidance also discusses the reasonable accommodations that are applicable to the benefits of employment and to the hiring process. It covers a variety of reasonable accommodations that are related to the performance of various jobs including leaves, job restructuring, workplace policies, schedules, reassignments, etc.
The employer can ask questions regarding the relation between FMLA and ADA since they may affect leaves and schedules. If it is an issue of reassignment of job, the issue may include questions about who is entitled to the reassignment of roles as well as the extent to which the employer has to search for a position to reassign. The guidelines also deal with issues that concern the interplay between conduct rules and reasonable accommodations. Finally, the guidelines discuss undue hardship, including in cases where requests for modification of schedule have been denied