Business Law-Reasonable Accommodations Under The Americans With Disability Act
The Law Firm of Pozzuolo Rodden, P.C., Philadelphia Business Law Lawyers, announces the release of the Business Law Article: “Reasonable Accommodations Under The Americans With Disability Act”.
The American with Disabilities Act (“ADA”) prohibits employers from discriminating against qualified individuals with disabilities. Disabilities may be physical or mental impairments that may not be obvious to the employer and require a case by case analysis. The ADA covers employers with 15 or more employees and protects those employees that are qualified for the job but need a “reasonable accommodation” to perform the essential functions of the job. A “reasonable accommodation” is some type of change or modification in the normal work environment that will enable an individual with a disability to enjoy the same benefits of employment as an individual with no disability. An employer is required to make reasonable accommodations for a qualified applicant or employee as long as providing the accommodation does not cause undue hardship to the employer.
An undue hardship is a reasonable accommodation which is impracticable and will cause significant difficulty or expense to the employer. Undue hardship is a defense available to an employer in a claim under the ADA. The United States Equal Employment Opportunity Commission (“EEOC”) suggest an employer take the following factors into account when determining if a reasonable accommodation will cause an undue hardship: (1) the nature and cost of the accommodation needed; (2) the overall financial resources of the business; (3) the number of employees; (4) the effect on expenses and resources; and (5) the impact of the accommodation on the business. Additionally, if the cost of the accommodation results in undue hardship to the employer, the EEOC instructs employers to determine whether funding is available from alternative sources, such as state rehabilitation agencies. The EEOC has found that an undue hardship cannot be claimed based on fear, prejudice or concern for employee morale but may be claimed if the reasonable accommodation will be “unduly disruptive to other employees’ ability to work.”
If a disabled employee requests his/her employer for an accommodation for his/her disability, then the employer must promptly respond to the request. If there are various ways to provide reasonable accommodations, then the employer may choose the less expensive or easier option as long as it is effective and is not obligated to provide the exact accommodation that the employee requested. Reasonable accommodations can include a variety of forms, including, but not limited to, the following:
If you would like to read the full article, please click here.
Contact our Philadelphia Business & Estate Planning law firm with your questions, comments or concerns.