Reasonable accommodations

I had asked to telecommunicate from home, because that would have been a reasonable accommodation under the ADA. But they said no. Instead, I telecommunicated from two floors away. In essence, I was stripped of all my job responsibilities. 

Title 1 of the ADA prohibits employers from discriminating against qualified individuals with disabilities. It requires covered employers to provide reasonable accommodation to the known mental or physical limitations of a qualified person with a disability, unless doing so would create an undue hardship on the employer. The meaning of the basic terms used to define Title I of the ADA are discussed below. 

Americans with Disabilities Act of 1990 (ADA). The ADA prohibits employer discrimination against qualified individuals who are labeled as disabled. It requires employers to make reasonable accommodations for disabled employees to permit access to their jobs. 

Reducing standards for performance is not required based on a standard of reasonable accommodation. In addition, employers are not required to make accommodations if they involve undue hardship... 

Etisability and health status Can you perform the essential requirements of this job, with or without reasonable accommodation Do you have any disabilities Do you have any conditions that might require accommodation What is your medical history Have you ever filed a workers compensation claim at a former employer ... 

Physical characteristics Can you perform the essential physical requirements of this position, with or without reasonable accommodation How tall are you How much do you weigh What color are your eyes or hair ... 

Religion Are you available to work on the days and shifts expected of this position Are you able to perform the essential functions of this position, with or without reasonable accommodation What is your religious affiliation What holidays do you observe Does your religion prohibit you from doing any part of this job ... 

That does not unilaterally prohibit you from asking applicants to demonstrate how they would perform certain tasks. A demonstration is different from a test in that it does not have a passing or failing score or a cutoff it just provides you with a piece of information you can use in considering the applicants. However, you should exercise caution even in asking candidates to demonstrate skills. First, if you ask one applicant, you must ask all of them. Second, you must ask individuals to demonstrate only those skills that represent essential functions of the job. Third, a request for a demonstration must be accompanied by an offer to allow candidates to demonstrate the skill with or without reasonable accommodation, which may be required... 

Title I of the Americans with DisabUity Act (ADA, 1990) prohibits discrimination with regard to any aspect of the employment process. Thus, the development of preplacement tests has been impeded by the possibility of discrimination against individuals based on gender, age, or medical condition. The ADA requires physical tests to simulate the essential functions of the task. In addition, one must be aware of reasonable accommodations, such as lifting aids, that may make an otherwise infeasible task possible for a disabled applicant to perform. Healthcare providers who perform physical examinations and provide recommendations for job apphcants must consider the rights of disabled applicants. It is extremely crucial to quantify the specific physical requirements of the job to be performed and to examine an applicant s capabilities to perform those specific tasks, taking into account any reasonable accommodations that may be provided. Hence, task analysis and functional capacity assessment are truly intertwined. 

The Act provides that individuals covered only under the regarded as prong of the ADA test are not entitled to reasonable accommodation and... 

Section 101(8) defines a qualified individual with a disability as any person who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. Consideration shall be given to the employer s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential function of the job. The Equal Employment Opportunity Commission (EEOC) provides additional clarification of this definition an individual with a disability who satisfies the requisite skill, experience and educational requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. ... 

If] an individual poses a direct threat as a result of a disability, the employer must determine whether a reasonable accommodation would either eliminate the risk or reduce it to an acceptable level. If no accommodation exists that would either eliminate the risk or reduce the risk, the employer may refuse to hire an applieant or may discharge an employee who poses a direct threat. ... 

Safety professionals should note that Title 1 provides that if a company or organization does not make the reasonable accommodations for the known limitations of a qualified individual with disabilities, this action or inaction is to be considered discrimination. However, if the company or organization can prove that providing the accommodation would place an undue hardship on the operation of the business, the claim of discrimination can be disproved. Section 101(9) defines reasonable accommodation as ... 

Safety professionals shonld be aware that the company or organization wonld be reqnired to make reasonable accommodations for any/all known physical or mental limitations of the qnalihed individnal with a disability, unless the employer can demonstrate that the accommodations wonld impose an undue hardship on the business, or that the particnlar disability directly affects the safety and health of that individnal or others. Safety professionals should also be aware that included under this section is the prohibition against the use of qualihcation standards, employment tests, and other selection criteria that can be used to screen out individuals with disabilities, unless the employer can demonstrate that the procedure is directly related to the job funetion. In addition to the modifications to facilities, work schedules, equipment, and training programs, the company or organization is required to initiate an informal interactive (communication) process with the qualified individual to promote voluntary disclosure of his or her specific limitations and restrictions to enable the employer to make appropriate accommodations that will compensate for the limitation. ... 

With the passage of the Civil Rights Act of 1991, the remedies provided under the ADA were modified. Employment discrimination (whether intentional or by practice) that has a discriminatory effect on qualified individuals may include hiring, reinstatement, promotion, back pay, front pay, reasonable accommodation, or other actions that will make an individual whole. Payment of attorney fees, expert witness fees, and court fees is still permitted, and jury trials are also allowed. 

REASONABLE ACCOMMODATION AND GOOD FAITH EFFORT—In cases where a discriminatory practice involves the provision of a reasonable accommodation pursuant to section 102(b)(5) of the Americans with Disabilities Act of 1990 or regulations implementing section 501 of the Rehabilitation Act of 1973, damages may not be awarded under this section where the covered entity demonstrates good faith efforts, in consultation with the person with the disability who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business. 

Reasonable Accommodation—As with ADA, the anployer can utilize proof of attempting to make reasonable accommodation in cases alleging religious discrimination. ... 

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