Disability Act Accommodation: Review Each Case on Own Merits

We have an employee who has a disability and needs accommodation in his work environment. I did some research and can’t find a definition of what is a “reasonable accommodation.” What is that definition?

The simple answer: There is no definition of “reasonable accommodation” under the Americans with Disabilities Act (ADA). This law was enacted 20 years ago, in 1990, and came about in part as a grassroots movement among the disabled for protection in the employment setting. (This article addresses only the employment issues of the ADA.)

 Each case should be evaluated on its own merits, as the law does not want an employer to point to a definition and claim it has done everything it has to do. An employer with 23 employees might have to make far less of an accommodation versus an employer with 1,000 employees. At one time, however, it was established that the vast majority of accommodations cost employers no more than $50.

When these situations come up, it is imperative that the employer enter into the “interactive” process with the employee; indeed, the ADA mandates this process.

Essentially, the employer and the affected individual must enter into a dialogue with the objective of finding an accommodation that will allow the disabled employee to perform the essential functions of a job in the workplace. Both parties engage in a form of bargaining to come up with the best way to accommodate the employee’s disability.

The Equal Employment Opportunity Commission has outlined four steps of the interactive process:

• Analyze the job involved and determine its purpose and essential functions;
• Consult with the affected employee to ascertain the job-related limitations imposed by the disability and how those limitations could be overcome with a reasonable accommodation;
• Identify potential accommodations and assess the effectiveness each would have in enabling the individual to perform the essential functions of the position; and
• Consider the preference of the individual and select and implement the accommodation that is most appropriate for both the employee and the employer.

Both parties must engage in this process, and it is important that the employer listen and not appear/be callous and/or uncompromising. When both parties engage in good faith, there usually is a solution that will be agreeable to everyone. It should be noted that California has its own laws protecting the disabled; however, the scope of this article is to focus on the ADA.

Reprinted with permission from the California Chamber of Commerce

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