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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 accommodation needed. The cost is the actual cost to your company. Specific federal tax credits and deductions are available for accommodations required by the ADA. Also, sources of funding are available to help pay for some accommodations. If you qualify for a tax credit, deduction or partial funding for an accommodation, only the net cost to you should be considered. (See box below.)

Various financial factors. The financial resources of the facility making the accommodation, the number of employees at that facility and the financial impact of the accommodation all can be considered. If you have only one facility, the cost and impact of the accommodation will be considered in relation to the effect on expenses and resources of that facility. If your facility is part of a larger entity, you should also consider the overall financial resources, size, number of employees and the type and location of facilities of the corporation covered by the ADA. 

The type of operation. This includes the structure and functions of the work force and the geographic, administrative or fiscal relationship to the larger entity of the facility involved in making the accommodation.
For example, an independently owned fast-food franchise that receives no funding from the mother company may assert that it would cause undue hardship to provide an interpreter for a deaf applicant to perform as a cashier. Assuming the financial relationship between the national company and the local facility is limited to payment of an annual franchise fee, only the resources of the local franchise would have to be considered in determining whether this accommodation would cause an undue hardship.

The impact of the accommodation on the facility. This involves how the accommodation would affect other employees’ job performance and your ability to conduct business.

For example, a person with a visual impairment applied for a job as a waitress at a nightclub. The club maintains dim lighting to create an intimate setting and lowers its lights further during the floor show. If the job applicant requested bright lighting as an accommodation so that she could see to take orders, you could assert that this would be an undue hardship, one that would seriously affect the nature of your operation.

The following examples show what kinds of accommodations may be needed to make facilities accessible and usable:

• Installing a ramp at the entrance of a building.
• Removing raised thresholds. 
• Making restrooms accessible, including toilet stalls, sinks, soap and towels. 
• Rearranging office furniture and equipment. 
• Making a drinking fountain accessible: for example, by installing a paper cup dispenser. 
• Adding flashing lights, when alarm bells are normally used, to alert an employee with a hearing impairment.   

Job restructuring, reassignment

Job restructuring or job modification is a form of reasonable accommodation that enables many qualified individuals with disabilities to perform jobs effectively. This often involves reallocating the secondary functions of a job. However, you’re not required to reallocate the essential functions of a job as a reasonable accommodation.

For example, an essential function of a security guard’s job generally is to inspect identification cards. If a person with a visual impairment couldn’t verify the identity of an individual from his photograph and other information on the card, you would not be required to transfer this function to another employee and you would be justified in denying an applicant the position. 

Reassignment to a vacant position should be considered only when an accommodation isn’t possible in an employee’s present job or when it would cause an undue hardship. Reassignment may be a reasonable accommodation if both you and the employee agree that it’s more appropriate than an accommodation in the present job.

Observation: The reassignment accommodation is required only for current employees. You don’t have to consider a different position for a job applicant if he or she can’t perform the essential functions of the position, with or without a reasonable accommodation.

Similarly, you’re not required to create a new job or bump another employee from a job in order to provide reassignment. Nor are you required to promote an individual with a disability to make such an accommodation.

Case in point: Forcing an employer to reassign more than 40 percent of a disabled employee’s tasks to other workers “would not likely constitute a reasonable accommodation” and would pose an unfair burden on other employees, the U.S. Court of Appeals for the 11th Circuit ruled in affirming the decision of a lower court. Jones v. Alabama Power Co., 77 F.3d 498 (11th Cir. 1996)