Accommodating disabilities

Posted by / 23-Apr-2020 15:44

Accommodating disabilities

The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25, 2008 and becomes effective January 1, 2009. Because this law makes several significant changes, including changes to the definition of the term "disability," the EEOC will be evaluating the impact of these changes on this document and other publications. 12112 (b)(5)(A) (1994) (it is a form of discrimination to fail to provide a reasonable accommodation "unless such covered entity can demonstrate that the accommodation would impose an undue hardship . Instead, the law provides an exception if accommodation would cause "undue hardship" to the employer's business.The ADA therefore strikes a balance -- between the accommodations an employee needs or desires in order to meet the requirements of a certain job, and the investment and modifications an employer must make in order to accomplish those accommodations.People with Disabilities in Federally Assisted Housing: Federal law makes it illegal for an otherwise qualified individual with a disability to be excluded, solely because of his or her disability, from programs receiving federal financial assistance.

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.

Title I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.

This Guidance sets forth an employer's legal obligations regarding reasonable accommodation; however, employers may provide more than the law requires.

However, once an employee informs you of his or her disability, you must engage in what the law calls a "flexible interactive process" -- essentially, a brainstorming dialogue with your worker to figure out what kinds of accommodations might be effective and practical.

You do not have to give your worker the precise accommodation he or she requests, but you must work together to come up with a reasonable solution.

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The main federal law is called the Americans With Disabilities Act (ADA), and it and similar state laws have changed the face of the American workforce by prohibiting discrimination against people with disabilities and by requiring employers to accommodate the disabilities of employees -- and applicants -- when possible.