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Do employers have to provide reasonable accommodations?
Do employees with disabilities have a duty to provide reasonable accommodation?
What is a reasonable accommodation?
Does an employer need to provide an employee's preferred accommodation?
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.
- 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.
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.
The ADA requires reasonable accommodations as they relate to three aspects of employment: 1) ensuring equal opportunity in the application process; 2) enabling a qualified individual with a disability to perform the essential functions of a job; and 3) making it possible for an employee with a disability to enjoy equal benefits and privileges of...
The National Law ReviewEEOC Finalizes Rule for the Pregnant Workers Fairness Act
On April 19, 2024, the EEOC published its final rule regarding the Pregnant Workers Fairness Act (“PWFA”). The PWFA requires covered employers to provide reasonable accommodations to qualified ...
3 days ago
- The National Law Review
Sixth Circuit Opinion Offers Guidance on How Employers Can Identify Reasonable Accommodation Requests Under the ADA
Employers are required to consider drawing all reasonable inferences from what an employee “says,” and the context in which such statements are made, in assessing whether a request has been ...
7 days ago
Oct 17, 2002 · Does an employer have to provide a reasonable accommodation to an applicant with a disability even if it believes that it will be unable to provide this individual with a reasonable accommodation on the job? Yes.
The Employers’ Practical Guide to Reasonable Accommodation under the Americans with Disabilities Act is a summary of some of the most frequent issues that employers have regarding accommodations and ADA compliance and JAN’s practical ideas for resolving them.
This guide answers some of the key questions facing small businesses in connection with reasonable accommodations. It explains the obligations of both employers and individuals with disabilities, and reviews the limits on how far employers must go in providing reasonable accommodations.
