Under the ADA, a “reasonable accommodation” is a modification or adjustment to a job, work environment or work process that enables a qualified individual with a disability to perform the job duties successfully.
An accommodation must ensure equal opportunity in the application process, assist qualified individuals with a disability to perform the essential functions of a job and enable them to enjoy equal benefits and privileges of employment.
An accommodation is considered “unreasonable” (or, in the terminology of the ADA, “causes an undue hardship”) if it’s too difficult or expensive for an employer to provide. What’s considered reasonable varies greatly and depends on the size and resources of the company, as well as on the nature of the accommodation made.
To argue that an accommodation would cause your company an undue hardship, you must have supporting data in the following areas:
The nature and net cost of the acco...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 'Reasonable' statutes of limitation OK under ERISA
- Beware the fickle judgment of jury trials
- Cover USERRA, New York law by drafting unequivocal severance releases
- For unemployment purposes, your degree of control determines worker's status