Reasonable Accommodation
Table of Contents
Introduction 1
The ADA 1
Disability 2
Reasonable Accommodation 3
Undue hardship 4
Obligation for Reasonable Accommodation 5
What Managers Can Do To Reduce Liability 6
Current and Future Trends in Reasonable Accommodation 7
Conclusion 7
Introduction
Doors and halls not wide enough for wheel chairs to pass through, nonexistent wheelchair ramps, elevators without brail, classifying a job applicant as inferior because of their physical or mental disability, the examples are endless. An employer's obligation to accommodate employees with disabilities has been in debate long before The Americans with Disabilities Act of 1990. And those arguments vary; does the ADA place too much of a burden on corporations or employers to make reasonable accommodation for their employees, or on the contrary? Is the law working the way it was intended? Is the ADA and reasonable accommodation' making a difference? Hopefully this paper will shed some light on these questions.
In examining reasonable accommodation, this paper will first discuss its foundation by briefly explaining what The Americans with Disabilities Act of 1990 is. Next, the paper will further study the ADA subjects of disability, reasonable accommodation, and undue hardship. In these descriptions, the paper will examine both the ADA and recent court cases pertaining to those specific subjects. Third, the paper will talk about what companies fall under the umbrella of reasonable accommodation' and where burden or obligation to identify reasonable accommodation falls and if that burden may shift. Next, the paper will talk about what managers can do to limit their company's liability pertaining to reasonable accommodation. Lastly, the paper will state what defenses, under the ADA, exist for companies to use.
The ADA
The Americans with Disabilities Act of 1990 was signed into law July 26, 1990. It is designed to protect Americans with disabilities in areas of
Introduction 1
The ADA 1
Disability 2
Reasonable Accommodation 3
Undue hardship 4
Obligation for Reasonable Accommodation 5
What Managers Can Do To Reduce Liability 6
Current and Future Trends in Reasonable Accommodation 7
Conclusion 7
Introduction
Doors and halls not wide enough for wheel chairs to pass through, nonexistent wheelchair ramps, elevators without brail, classifying a job applicant as inferior because of their physical or mental disability, the examples are endless. An employer's obligation to accommodate employees with disabilities has been in debate long before The Americans with Disabilities Act of 1990. And those arguments vary; does the ADA place too much of a burden on corporations or employers to make reasonable accommodation for their employees, or on the contrary? Is the law working the way it was intended? Is the ADA and reasonable accommodation' making a difference? Hopefully this paper will shed some light on these questions.
In examining reasonable accommodation, this paper will first discuss its foundation by briefly explaining what The Americans with Disabilities Act of 1990 is. Next, the paper will further study the ADA subjects of disability, reasonable accommodation, and undue hardship. In these descriptions, the paper will examine both the ADA and recent court cases pertaining to those specific subjects. Third, the paper will talk about what companies fall under the umbrella of reasonable accommodation' and where burden or obligation to identify reasonable accommodation falls and if that burden may shift. Next, the paper will talk about what managers can do to limit their company's liability pertaining to reasonable accommodation. Lastly, the paper will state what defenses, under the ADA, exist for companies to use.
The ADA
The Americans with Disabilities Act of 1990 was signed into law July 26, 1990. It is designed to protect Americans with disabilities in areas of