Job accommodations for persons with disabilities: Can they be reasonable?

Abstract

The Americans with Disabilities Act, the ADA, requires employers to make reasonable accommodations for persons with disabilities who are otherwise qualified for a given job. Being ‘qualified’ for a job simply means that the person possesses sufficient knowledge and the skills required for the job. The provision of reasonable accommodations for persons with physical disabilities is largely a requirement to make the job physically accessible to the individual. In other words, a person with a disability who is otherwise qualified for a job must receive equal opportunity to get the job, regardless of whether reasonable accommodations are required to perform job-associated tasks. Confusion has risen over the definition of ‘reasonable’. An employer is not required to undergo ‘undue hardship’ when considering the hiring, or retention, of a person with a disability. The burden of proof in this case is on the employer. The establishment of what is ‘reasonable’ seems to cause concern when making an accommodation. Information from the ADA is presented in this article along with six case studies which include discussions of cost and ‘reasonable accommodations’.