What Does Reasonable Mean in Employment Law

A unit of the Presidential Committee on Employment of Persons with Disabilities. JAN can provide free information on many types of reasonable accommodation. The exact nature of the dialogue will vary. In many cases, the disability and the type of housing required will be obvious, so there is little or no need for discussion. In other situations, the employer may need to ask questions about the type of disability and functional limitations of the person in order to find effective accommodations. Although the person with a disability does not need to be able to provide the exact accommodation, they must describe the problems arising from the barrier in the workplace. In addition, the suggestions of the person with a disability can help the employer determine the type of reasonable accommodation. If the individual or employer is not familiar with the possible arrangements, there are significant public and private resources available to help the employer find appropriate accommodation once specific restrictions and barriers in the workplace have been identified. (26) No. An employer cannot require a qualified person with a disability to accept accommodation. However, if a worker requires reasonable accommodation to perform an essential function or eliminate a direct threat and refuses to accept an effective accommodation, they may not be qualified to keep their job. (39) The legislative history addresses the financial, administrative and operational constraints associated with providing reasonable accommodation only in the context of the definition of undue hardship. See Senate Report, loc.

cit. note 6, p. 6. 31-34 with 35-36; House Education and Labor Report, note 6 above, pp. 57-58 and 67-70. 4. 29 C.F.R. § 1630.2(o)(1)(i-iii) (1997) (emphasis added). Notices that employers and unions must publish informing applicants, employees and members of labour organizations of their ADA rights must include a description of reasonable accommodation. These notices, which are available in an accessible format, can be obtained from the EEOC.

See annex. 52. See EEOC Enforcement Guidance: Workers` Compensation and the ADA at 16, 8 FEP Manual (BNA) 405:7391, 7399 (1996). See also pages 37-45 below for information on transfer as reasonable accommodation. Time of the employer`s response to a request for reasonable accommodation Documentation on the need for reasonable accommodation This guide examines what “reasonable accommodation” means and who is entitled to it. The guidelines address what constitutes a request for reasonable accommodation, the form and content of the request, and an employer`s ability to ask questions and request documents after a request has been filed. 101. The courts have taken different views on whether “homework” can be an appropriate arrangement. Compare Langon v. Department of Health and Human Servs., 959 F.2d 1053, 1060, 2 AD Cas. (BNA) 152, 159 (D.C. Cir.

1992); Anzalone v. Allstate Insurance Co., 5 AD Cas. (BNA) 455, 458 (E.D. La. 1995); Carr v. Reno, 23 F.3d 525, 530, 3 AD Cas. (BNA) 434, 437-38 (D.D.C. 1994), with Vande Zande v. Wisconsin Dep`t of Admin., 44 F.3d 538, 545, 3 AD Cas. (BNA) 1636, 1640 (7th Cir.

1995). Courts that have rejected working from home as a reasonable accommodation are trying to prove that personal contact, interaction and coordination are necessary for a particular position. See, for example, Whillock v Delta Air Lines, 926 F. Supp. 1555, 1564, 5 AD Cas. (BNA) 1027 (N.D. Ga. 1995), aff`d, 86 F.3d 1171, 7 AD Cas. (BNA) 1267 (11th Cir.

1996); Misek-Falkoff v. IBM Corp., 854 F. Supp. 215, 227-28, 3 AD Cas. (BNA) 449, 457-58 (S.D.N.Y. 1994), aff`d, 60 F.3d 811, 6 AD Cas. (BNA) 576 (2d Cir. 1995). No, an employer cannot claim undue hardship solely because reasonable accommodation would require alterations to real property owned by another person.

In some situations, under a lease or other contractual relationship with the landlord, an employer has the right to make the nature of the changes required. If this is the case, the employer should make the changes, provided there are no other factors that would make the changes too difficult or costly. If the contractual relationship between the employer and the owner requires the owner`s consent to the necessary modifications or prohibits their implementation, the employer must make good faith efforts to either obtain the owner`s permission or negotiate an exception to the contract. If the owner refuses to allow the employer to make the changes, the employer may invoke undue hardship. But even in this situation, the employer must take other reasonable precautions, if any, that would not cause undue hardship. Example B: An educator asks for permission to change her hours of work from 7:00 a.m. to 3:00 p.m. to 10:00 a.m. to 6 p.m. because of her disability. The nursery is open from 7:00 a.m. to 7:00 p.m.

and will still be sufficiently covered in the early morning if it allows the change of opening hours. In this case, the employer must make reasonable arrangements. The employer is in the best position to know which jobs are vacant or become vacant within a reasonable period of time. (87) In order to refine the search for potential vacancies, the employer should ask the worker about his or her qualifications and interests as part of the interactive process. On the basis of this information, the employer is obliged to inform the employee of the vacancies for which he may be entitled to be transferred. However, an employee should assist the employer in identifying suitable vacancies, provided that the worker has access to information about those vacancies. If the employer does not know if the employee is qualified for a particular position, they can discuss their qualifications with the employee. (88) An employer is not required to make reasonable arrangements for his or her personal use necessary to carry out daily activities both on and off the job. For example, an employer is not obliged to provide an employee with a prosthesis, wheelchair, glasses, hearing aids or similar devices if these are also needed outside the workplace.

In addition, an employer is not required to provide amenities for personal use, such as a cooking pot or refrigerator, if these items are not passed on to workers without disabilities. However, items that might otherwise be considered personal may be required as reasonable accommodation if they are specifically designed or required to meet professional and non-personal needs. (15) Finally, if you are unsure whether the actions you or your executives have taken or plan to take are appropriate, consider them in the context of what an objective person would do and what the outcome might be (including the risk of a claim). Example B: A blind employee requests adaptive devices for her computer as an appropriate precaution. The employer must order these devices and is informed that it will take three months for delivery to take place. No other company sells the adaptable equipment that the employee needs. The employer informs the employee of the results of its investigation and that it has ordered the equipment.