REASONABLE ACCOMMODATIONS

IN THE WORKPLACE

What is a Workplace Accommodation?

A workplace accommodation can be made available so an individual with a disability can: Apply for a job; e.g., provide application form in large print

Perform the essential functions of the job; e.g., install screen magnification software on a PC

Enjoy the job benefits; e.g., rearrange work station to accommodate a wheel chair

Job Prerequisites

In order for a person with a disability to qualify for an accommodation, he/she must meet job prerequisites. These could include the following.

Education Work Experience Training Skills Licenses Certificates Other Job-Related Requirements

Perform Essential Functions Determine if individual can perform essential functions of the job with or without reasonable accommodation Identifying “essential functions of the job”; and

Considering whether the person with a disability can perform these functions, unaided or with a “reasonable accommodation.”

When Is Reasonable Accommodation Applied? In three aspects of employment:

In application process; e.g. wheelchair accessibility to building

To perform essential functions of job; e.g., restructuring a job by redistributing marginal job functions

To enjoy equal benefits and privileges of employment

Equal access to lunchrooms, rest rooms, meeting rooms, etc.

Equal opportunities for advancement, training, etc.

Undue Hardship No change or modification is required if accommodation would impose an “undue hardship” on organization

Is specific accommodation requiring significant difficulty or expense

Is statutory limitation Determination is made on case-by-case basis

When Is Reasonable Accommodation Not Required? If person has not been determined to be a “qualified individual with a disability”

If accommodation would impose an undue hardship on the organization

When to do so would lower quality or production standards

When accommodation would provide personal-use items; e.g., glasses, hearing aid, etc.

Requesting a Reasonable Accommodation

It is the responsibility of the applicant or employee with a disability to request a reasonable accommodation.

To learn more about various workplace accommodations visit the Job Accommodation Network (JAN) at www.jan.wvu.edu

Applicant Notification Employers are responsible for notifying job applicants of their obligation to provide accommodation. Vacancy announcements include such a statement.

Interview applicants should be asked if an accommodation is needed for the interview. If need is indicated, then applicant should be asked what type of accommodation is necessary.

Interview Questions and Pre-Employment Inquiries May ask questions about an applicant’s ability to perform specific job functions as long as not phrased in terms of a disability

May ask all applicants to describe how they will perform a job, with or without accommodation

May not make an inquiry about a disability

May not make medical inquiries or conduct medical examinations

Employee Requests and Responsibilities May be made orally or in writing Suggest accommodation options Relate to disability

Participates in interactive process to clarify needs

May need to provide disability documentation

Employer Responsibilities Receives reasonable accommodation request

Engages in interactive process to clarify what employee needs

Maintains confidentiality Responds expeditiously

Conclusion

Accommodations in the Workplace Are a fundamental requirement Remove workplace barriers for qualified individuals with disabilities

Are determined by facts of each particular case

Are provided on a case-by-case basis

Follow Up

Click on the following link to learn about various accommodations for specific occupations and/or disabilities.

http://www.jan.wvu.edu/soar/index.htm