III.THE REASONABLE ACCOMMODATION OBLIGATION...
Search Results "Reasonable Accommodation"
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III.THE REASONABLE ACCOMMODATION OBLIGATION
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Job Restructuring
Job Restructuring Job restructuring includes modifications such as: An employer never has to reallocate essential functions as a reasonable accommodation, but can do so if it wishes...
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3.1 Overview of Legal Obligations
3.1 Overview of Legal Obligations An employer must provide a reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with a disability...
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16. If, as a reasonable accommodation, an employer restructures an employee's job to eliminate some marginal functions, may the employer require the employee to take on other marginal functions that s/he can perform?
An employer may switch the marginal functions of two (or more) employees in order to restructure a job as a reasonable accommodation....
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Issues Related to the Interactive Process and Return to Work
Taking a rest break is a form of reasonable accommodation....
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3.2 Why Is a Reasonable Accommodation Necessary?
3.2 Why Is a Reasonable Accommodation Necessary?...
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Leave
Leave Permitting the use of accrued paid leave, or unpaid leave, is a form of reasonable accommodation when necessitated by an employee's disability.(48) An employer does not have to...
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17. May an employer apply a "no-fault" leave policy, under which employees are automatically terminated after they have been on leave for a certain period of time, to an employee with a disability who needs leave beyond the set period?
If an employee with a disability needs additional unpaid leave as a reasonable accommodation, the employer must modify its "no-fault" leave policy to provide the employee with the additional...
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18. Does an employer have to hold open an employee's job as a reasonable accommodation?
An employee with a disability who is granted leave as a reasonable accommodation is entitled to return to his/her same position unless the employer demonstrates that holding open the position...
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19. Can an employer penalize an employee for work missed during leave taken as a reasonable accommodation?
accommodation, thus making an employer liable for failing to provide a reasonable accommodation.(54) Example A: A salesperson took five months of leave as a reasonable accommodation....
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20. When an employee requests leave as a reasonable accommodation, may an employer provide an accommodation that requires him/her to remain on the job instead?
Yes, if the employer's reasonable accommodation would be effective and eliminate the need for leave.(56) An employer need not provide an employee's preferred accommodation as long as the...
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21. How should an employer handle leave for an employee covered by both the ADA and the Family and Medical Leave Act (FMLA)?
accommodation)....
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Reassignment
Reassignment In some situations, the requested reasonable accommodation will be reassignment to a new job because the disability prevents the employee from performing one or more essential...
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3.3 What Is a Reasonable Accommodation?
3.3 What Is a Reasonable Accommodation?...
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22. Must an employer allow an employee with a disability to work a modified or part-time schedule as a reasonable accommodation, absent undue hardship?
An employer must provide a modified or part-time schedule when required as a reasonable accommodation, absent undue hardship, even if it does not provide such schedules for other employees...
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Reasonable Accommodation in the Application Process
Reasonable Accommodation in the Application Process Reasonable accommodation must be provided in the job application process to enable a qualified applicant to have an equal opportunity...
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Accommodations to Perform the Essential Functions of a Job
Accommodations to Perform the Essential Functions of a Job Reasonable accommodation must be provided to enable a qualified applicant to perform the essential functions of the job s/he...
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Accommodations to Ensure Equal Benefits of Employment
Accommodations to Ensure Equal Benefits of Employment Reasonable accommodations must be provided to enable an employee with a disability to enjoy benefits and privileges of employment...
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3.4 Some Basic Principles of Reasonable Accommodation
3.4 Some Basic Principles of Reasonable Accommodation A reasonable accommodation must be an effective accommodation....
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24. Is it a reasonable accommodation to modify a workplace policy?
It is a reasonable accommodation to modify a workplace policy when necessitated by an individual's disability-related limitations,(71) absent undue hardship....
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Reassignment
Reassignment (75) The ADA specifically lists "reassignment to a vacant position" as a form of reasonable accommodation.(76) This type of reasonable accommodation must be provided to an...
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3.5 Some Examples of Reasonable Accommodation
3.5 Some Examples of Reasonable Accommodation The statute and EEOC's regulations provide examples of common types of reasonable accommodation that an employer may be required to provide...
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25. Is a probationary employee entitled to reassignment?
The longer the period of time in which an employee has adequately performed the essential functions, with or without reasonable accommodation, the more likely it is that reassignment is...
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26. Must an employer offer reassignment as a reasonable accommodation if it does not allow any of its employees to transfer from one position to another?
The ADA requires employers to provide reasonable accommodations to individuals with disabilities, including reassignment, even though they are not available to others....