If the applicant replies that s/he needs a reasonable accommodation, the employer may inquire as to what type. Deena Skolnick Weisberg 1, Kathy Hirsh-Pasek 2,3, Roberta Michnick Golinkoff 4, Audrey K. Kittredge 5, and David Klahr 6. pt. Washington, DC 20507 The employee tells his supervisor about his disability and requests a laptop computer to use in the meetings. Similarly, employers should ensure that any offsite training will be held in an accessible facility if they have an employee who, because of a disability, requires such an accommodation. 1998). Therefore, the employee is not qualified for this position. The supervisor asks whether a tape recorded message would accomplish the same objective and the employee agrees that it would. § 12111(10) (1994) (defining "undue hardship" based on factors assessing cost and difficulty). 1304, 1312, 6 AD Cas. Example B: An employee's disability is getting more severe and her doctor recommends surgery to counteract some of the effects. Some courts have suggested that reassignment means simply an opportunity to compete for a vacant position. See Hendricks-Robinson v. Excel Corp., 154 F.3d 685, 695-96, 697-98, 8 AD Cas. There are many reasons why a person would choose to forgo treatment, including expense and serious side effects. 104. (BNA) 1530, 1534 (3d Cir. 99. Can an employer claim undue hardship solely because a reasonable accommodation would require it to make changes to property owned by someone else? The term suggests use of significant power and typically only applies to a dominant competitor or government. See Haschmann v. Time Warner Entertainment Co., 151 F.3d 591, 600-02, 8 AD Cas. 1555, 1564, 5 AD Cas. (113) A determination of undue hardship should be based on several factors, including: The ADA's legislative history indicates that Congress wanted employers to consider all possible sources of outside funding when assessing whether a particular accommodation would be too costly. 42 U.S.C. 91. An employee took five weeks of leave for treatment of his disability. This "reasonable" accommodation is effective because it addresses the employee's fatigue and enables her to perform her job. See US Airways, Inc. v. Barnett, 535 U.S., 122 S. Ct. 1516, 1521 (2002). No. These include: A modification or adjustment is "reasonable" if it "seems reasonable on its face, i.e., ordinarily or in the run of cases;"(8) this means it is "reasonable" if it appears to be "feasible" or "plausible. He frequently mixes up messages for "R. Miller" and "T. (95)Alternatively, a seniority system may contain exceptions, such that one more exception is unlikely to matter. 9. of Indiana, Inc., 89 F.3d 342, 345, 5 AD Cas. Thus, if an employee is no longer qualified because of a disability to continue in his/her present position, an employer must reassign him/her as a reasonable accommodation. See Aka v. Washington Hosp. If the employee is qualified for that position, the employer must offer it to him. 29 C.F.R. (16) "Undue hardship" means significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation. and appropriate examples. "); see also 42 U.S.C. If the result of modifying one employee's work hours (or granting leave) is to prevent other employees from doing their jobs, then the significant disruption to the operations of the employer constitutes an undue hardship. 96. While an individual with a disability may request a change due to a medical condition, this request does not necessarily mean that the employer is required to provide the change. 47. On the other hand, attendance is relevant to job performance and employers need not grant all requests for a modified schedule. For a discussion on ways to modify supervisory methods, see ADA and Psychiatric Disabilities, supra note 27, at 26-27, 8 FEP Manual (BNA) 405:7475. 991, 997, 3 AD Cas. In requesting documentation, employers should specify what types of information they are seeking regarding the disability, its functional limitations, and the need for reasonable accommodation. 98-6126, 98-6025, 1998 WL 856143 (10th Cir. Reassignment does not include giving an employee a promotion. (BNA) 1027 (N.D. Ga. 1995), aff'd, 86 F.3d 1171, 7 AD Cas. Example D: An employer is seeking a reassignment for an employee with a disability. Data Governance Framework Best Practices, Definitions and Examples. § 1630.2(p) (1997). The FMLA requires an employer to continue the employee's health insurance coverage during the leave period, provided the employee pays his/her share of the premiums. § 1630.2(o)(2)(ii) (1997). In reaching this decision, the Seventh Circuit failed to consider that the employee needed leave and a modified schedule as reasonable accommodations for his disability, and that the accommodations became meaningless when he was penalized for using them. § 12111(9)(B) (1994); 29 C.F.R. For example, under Title III of the ADA a private entity that owns a building in which goods and services are offered to the public has an obligation, subject to certain limitations, to remove architectural barriers so that people with disabilities have equal access to these goods and services. Some courts have found that an employee who is unable to perform the essential functions of his/her current position is unqualified to receive a reassignment. The principles of science and the practices of the disciplines are transmitted by scientists in classroom settings and, perhaps more importantly, in research groups and teams. These barriers may be physical obstacles (such as inaccessible facilities or equipment), or they may be procedures or rules (such as rules concerning when work is performed, when breaks are taken, or how essential or marginal functions are performed). Must an employer provide a reassignment if it would violate a seniority system? These Principles address five areas of responsible business practice: ethics, human rights and labor, health and safety, environment, and management systems. (BNA) 1466, 1471 (7th Cir. When such leave is foreseeable based on planned medical treatment, an employer may require the employee to temporarily transfer (for the duration of the leave) to an available alternative position, with equivalent pay and benefits, for which the employee is qualified and which better suits his/her reduced hours. The letter constitutes a request for reasonable accommodation. (74), The ADA specifically lists "reassignment to a vacant position" as a form of reasonable accommodation. See Ralph v. Lucent Technologies, Inc., 135 F.3d 166, 171, 7 AD Cas. See Question 5, supra, for information on the interactive process. Co-op. 79. (48) An employer does not have to provide paid leave beyond that which is provided to similarly-situated employees. Principles. Is a probationary employee entitled to reassignment? The Guidance addresses what constitutes a request for reasonable accommodation, the form and substance of the request, and an employer's ability to ask questions and seek documentation after a request has been made. Example A: An employee with HIV infection must take medication on a strict schedule. 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