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Do employers have to provide reasonable accommodation to employees with disabilities?
What is a reasonable accommodation?
Can a person with a disability perform a job without reasonable accommodation?
Do you need a reasonable accommodation when applying for a job?
An employer's obligation to provide reasonable accommodation applies only to known physical or mental limitations. However, this does not mean that an applicant or employee must always inform you of a disability.
Under the Americans with Disabilities Act, employers who have 15 or more employees are usually required to provide reasonable accommodations. Some state and local laws may require that employers with fewer employees provide reasonable accommodations. Reasonable accommodations comes in many forms.
- Myth: The ADA forces employers to hire unqualified individuals with disabilities.
- Fact: Applicants who are unqualified for a job cannot claim discrimination under the ADA. Under the ADA, to be protected from discrimination in hiring, an individual with a disability must be qualified, which means he or she must meet all requirements for a job and be able to perform its essential functions with or without reasonable accommodations.
- Myth: When there are several qualified applicants for a job and one has a disability, the ADA requires the employer to hire that person.
- Fact: An employer is always free to hire the applicant of its choosing as long as the decision is not based on disability. If two people apply for a data entry position for which both speed and accuracy are required, the employer may hire the person with the higher speed and level of accuracy, because he or she is the most qualified.
One of the key non-discrimination aspects of Title I is the requirement to provide reasonable accommodations for employees and job seekers with disabilities.
Employers are required to provide reasonable accommodations to qualified people with disabilities, unless doing so would cause an “ undue hardship ” on the operation of their business. Reasonable accommodations must be provided regardless of whether someone works part-time, full-time, or are considered “probationary.”
