| The Americans with Disabilities Act of 1990 has the | | | | But most Title I (i.e., employment) accommodations are |
| most far-reaching impact on the U.S. workplace since | | | | surprisingly easy and low-cost, and well worth the |
| the Civil Rights Act of 1964. Yet many Americans are | | | | investment: 31% cost nothing, e.g., rearranging furniture |
| confused about the meaning of key terms used in the | | | | for someone in a wheelchair; 88% cost under $1,000. |
| Act. This article unravels the confusion about the term | | | | For example, a TDD costs $150-$200. |
| 'reasonable accommodation' and shows you how to | | | | [NOTE: An employer is not required to provide |
| provide it. | | | | personal aids, e.g., a guide dog or wheelchair; just allow |
| Reasonable accommodation is any change or | | | | them to be used in the workplace.] |
| adjustment to a job or work environment that permits | | | | Notice, however, that most of those types of |
| a qualified applicant or employee with a disability to: | | | | accommodation relate to employment practices, not |
| | | | equipment. |
| 1. Participate in the job application process, | | | | We want to draw your attention particularly to |
| 2. Perform the essential functions of a job, or | | | | modifying policies. We know of at least one employer |
| 3. Enjoy benefits and privileges of employment equal | | | | who ran afoul of ADA by inflexibly applying their |
| to those of other employees. | | | | (basically sound) medical leave policy. |
| Types of accommodations include: | | | | How do you go about determining what |
| - Providing or modifying equipment (i.e., how the work is | | | | accommodation is needed? There are many |
| performed), such as a golf cart or a TDD | | | | government and non-profit agency resources available |
| (Telecommunications Device for the Deaf) | | | | to assist you. [For example, Job Accommodation |
| - Adjusting a work schedule (i.e., when the work is | | | | Network.] But start with your in-house expert, i.e., |
| performed) | | | | collaborate with the employee with the disability. And |
| - Job restructuring (focusing on essential functions) or | | | | don't be afraid to experiment. |
| reassignment | | | | The accommodation chosen need not be most |
| - Adjusting or modifying examinations, training materials | | | | expensive or the employee's first choice. It simply |
| or policies | | | | needs to enable the employee to perform the |
| - Reassigning or retraining other employees to do the | | | | essential functions of the job. |
| marginal tasks | | | | An employer is not required to provide an |
| - Making the workplace readily accessible and usable | | | | accommodation that would be an undue hardship to |
| by people with disabilities. | | | | the organization, i.e., would require significant difficulty or |
| That last type has been the most visible and | | | | expense. Be prepared to justify this! And bear in mind |
| expensive impact of the ADA (not just Title I), e.g., | | | | that outside funding or payment plans often are |
| ramps, designated disability parking, restructured rest | | | | available, and the employee may choose to pay for |
| rooms, etc. | | | | some of the cost. |