The following types of accommodations are defined as reasonable: Show
Examples of Possible AccommodationsJob RestructuringJob restructuring as a form of reasonable accommodation may involve reallocating or redistributing the marginal functions of a job. Job restructuring frequently is accomplished by exchanging marginal functions of a job that cannot be performed by a person with a disability for marginal job functions performed by one or more other employees. An employee must be able to perform the essential functions of the job, but where it is possible to remove certain non-essential tasks from an employee’s work requirements, this should be done. Example: An agency has two data processing clerks. Typing on the computer is an essential function, using the phone is a marginal one. If a qualified data processing clerk had a speech impairment, it would be reasonable to assign the function of using the phone to the employee without a speech impairment in exchange for doing that employee’s filing. The agency is not required to reallocate essential job functions. It may be a reasonable accommodation to change when or how the essential functions are done. These include:
Example: A repairperson who uses a wheelchair could service the accessible sites, while the other sites could be assigned to someone who does not have a mobility impairment.
Example: A surveyor can make calls on a designated line from home instead of having to come regularly to an inaccessible office to make those calls. Modified Work Schedules and Flexible Leave PoliciesChanging a regular work schedule or establishing a flexible leave policy may be a reasonable accommodation unless it would cause an undue hardship. Modified work schedules may include flexibility in work hours or the work week, or part-time work. People whose disabilities may need modified work schedules include individuals:
Flexible leave policies should be considered as a reasonable accommodation when people with disabilities require time off from work because of their disabilities. The agency is generally not required to provide additional paid leave as an accommodation, but should consider allowing use of accrued leave or leave without pay, where this will not cause an undue hardship. People with disabilities may require flexible leave because of:
Some qualified people with disabilities are unable to work a standard 9 am to 5 pm workday, or a standard Monday to Friday work week. Depending on the nature of the work assignment and operational requirements, changes to work schedules and hours may be a reasonable accommodation as long as it does not result in an undue hardship. Example: An employee who needs kidney dialysis treatment is unable to work on two days because treatment is only available during work hours on weekdays. Depending on the nature of the work and nature of the work operation, it may be possible to perform work assignments at home on the weekend or to work three days a week as a part-time employee. Modification or Purchase of Equipment and DevicesPurchase of equipment or changes to existing equipment may be effective accommodations for people with many types of disabilities. There are many devices that make it possible for people to overcome existing barriers to performing functions of a job. These devices range from very simple solutions, such as an elastic band that can enable a person with cerebral palsy to hold a pencil and write, to “high-tech” electronic equipment that can be operated by head or mouth movements by people who cannot use their hands. Types of equipment and devices that may be appropriate include:
The agency is only obligated to provide equipment that is needed to perform a job; there is no
obligation to provide equipment that the individual uses regularly in daily life, such as glasses, a hearing aid or a wheelchair. The agency may be obligated to provide items of this nature if special adaptations are required to perform a job. TrainingReasonable accommodation should be provided, when needed, to give employees with disabilities equal opportunity to benefit from training to perform their jobs effectively and to advance in employment. Needed accommodations may include providing:
Modification of PoliciesPolicy modifications may include:
Modification of Physical Site (building and facility)Employment activities must take place in an integrated setting. Employees with disabilities may not be segregated into particular facilities or parts of facilities. This means that architectural barriers may have to be removed or altered to provide structural accessibility to the workplace. However, the agency is not required to make structural changes that are unreasonable and would impose an undue hardship. In existing structures, structural changes are necessary to the extent that they will allow an employee with a disability to perform the essential functions of the job, including access to work stations, and normal support facilities such as bathrooms, water fountains, and lunchrooms. Non-structural changes are allowed instead of structural changes if they achieve the same result. Examples include:
Provision of Readers, Communication Access Providers, or Personal AssistantsIndividuals with communication disabilities (e.g., vision, hearing, and speech disabilities) should be able to communicate effectively with others as needed for their job duties and should have access to information needed for the job. Identifying the needs of the employee in relation to specific job tasks will determine whether or when an interpreter, reader, or other communication access provider may be needed. It may be a reasonable accommodation to provide a reader for a qualified individual with a vision disability, if this would not impose an undue hardship. In some job situations a reader may be the most effective and efficient accommodation, but in other situations equipment may enable an individual with a vision disability to perform job tasks more accurately. Example: A social worker who is blind requests a reader for paperwork, interviews, and report generation. A reader could be provided for several hours a day. If reading materials consist of complex or technical material, then the reader’s vocabulary and reading level should be commensurate with the documents to be read. Communication access providers (e.g., sign language interpreter or real time captioner) as needed may be a reasonable accommodation for a person who is deaf, if this does not impose an undue hardship. Example: A deaf person applies for a job as a Clerk-Typist. It may be necessary to obtain a qualified interpreter for a job interview, because the applicant and interviewer must communicate fully and effectively to evaluate whether the applicant is qualified to do the job. Once hired, however, if the employee is doing clerical work, computer applications, or other job tasks that do not require much verbal communication, an interpreter may only be needed occasionally. Interpretation may be necessary for training situations, staff meetings or employee parties, so that this person can fully participate in these functions. Communication on the job may be handled through different means, depending on the situation, such as written notes, “signing” by other employees who have received basic sign language training, or by typing on a computer. Providing an assistant as needed may be a reasonable accommodation for a person with a disability, if this does not impose an undue hardship. Examples include:
Reassignment to a Vacant Position and Light DutyIf an employee develops his/her disability after being on the job, and can no longer perform the essential functions of his/her job, the employer may need to reassign the employee to a vacant position within the agency or within District government, if doing so does not constitute an undue hardship. The new position should be one that the employee is qualified to perform and that pays a comparable salary. Reassignment does not require the employee to compete for the new position. Reassignment does not require the employer to violate a seniority system or collective bargaining agreement under which someone else is entitled to the vacant position. Reassignment should be considered ONLY if there are no reasonable accommodations available that would allow the employee to perform the essential functions of his/her current job. Reassigning an employee with a disability to a light duty job might be required as a reasonable accommodation, depending on how an employer's light duty program is designed. If an employer reserves certain jobs for light duty, rather than creating light duty jobs as needed, the employer must reassign the employee to a vacant, reserved light duty position as a reasonable accommodation if (1) the employee cannot perform his/her current position because of his/her disability, with or without a reasonable accommodation; (2) the employee can perform the light duty job, with or without a reasonable accommodation; and (3) the reassignment would not impose an undue hardship. This is because reassignment to a vacant position and appropriate changes to an employer's policy are forms of reasonable accommodation required by the ADA, absent undue hardship. There is, however, no requirement to create a light duty position or any other position under the ADA. Other AccommodationsThere are many other accommodations that may be effective for people with different disabilities in different jobs. Some other accommodations that may be appropriate include:
Timing and Review of Accommodations to Ensure EffectivenessOnce an accommodation is approved, it should be implemented as soon as possible. Within 4 - 6 weeks after the accommodations have been granted, the agency should assess the effectiveness of the accommodation(s) in enabling the employee to perform the essential functions of the job. If there is a need for additional accommodations, or changes to the existing accommodations, the agency should reevaluate the accommodations. If the accommodations are not effective and there are no other methods of accommodation that can assist the employee in performing the essential functions of the job, then the accommodation of reassignment to a vacant position within the agency or within District government will be discussed. What does are you able to perform the essential functions of the job with or without accommodation mean?The ability to perform essential job functions, with or without a reasonable accommodation, determines if an applicant or employee with a disability is qualified for the job. Courts have upheld that an employer may decide which functions are essential to the job.
When an employee acquires a disability while they are employed employers should?When an employee acquires a disability while they are employed, employers should, - replace the individual if necessary because the ADA is only relevant to new hires. - make accommodations only if they want because the disability was acquired after the person was hired.
Which of the following is considered a reasonable accommodation under the ADA?A reasonable accommodation is any change to the application or hiring process, to the job, to the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities.
What is a disability According to ADA?To be protected by the ADA, one must have a disability, which is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
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