EEO TIP:

REASONABLE vs. UNREASONABLE ACCOMMODATIONS
What makes an accommodation reasonable?
Much depends on the nature of the job in question, the type of disability that must be accommodated and the means of the employer to provide it without undue hardship. Generally speaking for an accommodation to be "reasonable" it must effectively solve the problem of providing an equal employment opportunity for the applicant or employee who requests one.
There could be any number of accommodations that would allow individuals with disabilities to be productive employees depending on the job environment or work requirements. The following types of modifications have been found to satisfy the test of reasonableness:
  • Modifying Equipment. Providing or allowing the use of alternative equipment, e.g. handle extensions, a special chair or computer device.
  • Minor Workplace Changes. For example raising or lowering a work bench or table.
  • Minor Job Restructuring. Shifting minor tasks to other employees or changing the order in which the work flows.
  • Modifying Work Schedules. Allowing for periodic breaks, allowing for medical leave if necessary, or adjusting arrival or departure times.
  • Working At Home. Allowing an employee to perform the essential functions of the job at home through the use of computers, internet access, telephones and fax machines. (Only certain types of jobs would allow this type of accommodation).
The above listing is by no means exhaustive. The accommodations available are limited only by the imaginations of the parties.
When does an accommodation become unreasonable ?
Depending upon an employer's size and resources, some of the accommodations listed above could be costly. This raises the question of What constitutes undue hardship? In a nutshell "undue hardship" under the ADA is any accommodation that would result in significant difficulty or expense.
This is also a somewhat vague standard in that what may be significant or substantial to one employer would be insignificant to another. Hence, employers must take a common sense approach to the matter and objectively assess on a case-by -case basis whether a requested accommodation would cause undue hardship on that particular business. In general there are some things that an employer does not have to do. For example an employer does not have to provide an accommodation :
  • That includes personal use items that would assist the employee both on and off the job. E.g. eyeglasses, a wheelchair or prosthetic limb. (However, if the item is specifically designed to meet job-related needs and serves a dual purpose, it may still be a reasonable accommodation.)
  • That removes or alters a job's essential functions
  • That reduces or lowers production or performance standards
  • That would jeopardize the safety of himself or others, or violates the rules of conduct predicated on business necessity.
Assessing the cost of accommodations:
According to the EEOC, most accommodations are not very expensive. The EEOC claims that:
  • One-fifth of all accommodations cost nothing
  • Slightly more than half cost between $1 and $500 dollars.
  • The median cost is about $240.
  • Technological advances continue to reduce the cost of many accommodations.
  • Some employees are willing to provide their own forms of accommodation if asked
What to do if an accommodation is requested:
  • Discuss with the employee the type of accommodation needed. Be interactive but don't pry into the nature of the disability, itself. That will probably be evident from the request.
  • Document the request and your response. Remember, however, that under the ADA, only an oral request is necessary.
  • Keep such accommodation records, if made, strictly confidential and separate from other personnel files.
This article was prepared by Jerome C. Rose, EEO Consultant for the Law Firm of Lehr Middlebrooks Price & Vreeland, P.C. Prior to his association with the firm, Mr. Rose served for over 22 years as the Regional Attorney for the Birmingham District Office of the EEOC. As Regional Attorney Mr. Rose was responsible for all litigation by the EEOC in the states of Alabama and Mississippi. Mr. Rose can be reached at (205) 323-9267.
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