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Misinterpretation of |
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Your Cases: Kevin’s Story —
Jenny’s Story —
Bo’s Story —
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Many people with disabilities never need any accommodations in order to perform their jobs effectively or interview for a new job. But when the need for accommodation does arise, how does an employer know which requests are “reasonable”? How do employers fairly decide who gets an accommodation and who doesn’t? Misunderstanding or misinterpretation of what constitutes reasonable accommodation is a theme that runs through many workplace disability discrimination cases. The following excerpt from section 3.2 of the Technical Assistance Manual: Title I of the ADA, explains how reasonable accommodations are fundamental to reducing workplace disability discrimination:
Why Is a Reasonable Accommodation Necessary?Reasonable accommodation is a key nondiscrimination requirement of the ADA because of the special nature of discrimination faced by people with disabilities. Many people with disabilities can perform jobs without any need for accommodations. But many others are excluded from jobs that they are qualified to perform because of unnecessary barriers in the workplace and the work environment. The ADA recognizes that such barriers may discriminate against qualified people with disabilities just as much as overt exclusionary practices. For this reason, the ADA requires reasonable accommodation as a means of overcoming unnecessary barriers that prevent or restrict employment opportunities for otherwise qualified individuals with disabilities. People with disabilities are restricted in employment opportunities by many different kinds of barriers. Some face physical barriers that make it difficult to get into and around a work site or to use necessary work equipment. Some are excluded or limited by the way people communicate with each other. Others are excluded because of rigid work schedules that allow no flexibility for people with special needs caused by disability. Many are excluded only by barriers in other people's minds; these include unfounded fears, stereotypes, presumptions, and misconceptions about job performance, safety, absenteeism, costs, or acceptance by co-workers and customers. Under the ADA, when an individual with a disability is qualified to perform the essential functions of a job except for functions that cannot be performed because of related limitations and existing job barriers, an employer must try to find a reasonable accommodation that would enable this person to perform these functions. The reasonable accommodation should reduce or eliminate unnecessary barriers between the individual's abilities and the requirements for performing the essential job functions. Read more about what Reasonable Accommodation is and is not. |
Major Themes:
Misinterpretation of Reasonable Accommodation
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