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ADA Blog

 

ADA Blog #146 (Part 1 of 2): Reasonable Accommodation

Thanks to the #ADAAA, the courts have shifted their primary focus away from deciding who is a “person with a #disability” to the key issue at hand: #Reasonable #Accommodation. The #ADA is clear that in order to provide equal #employment opportunities, #employers must explore #reasonable #workplace #supports provide an #equal #opportunity for those with #disabilities to apply for a job, retain that job, if qualified and also be promoted if applicable. #Employers may need to provide a written test in another format if #applicant has a #visual #impairment, or change a policy to permit frequent breaks for an #employee with #diabetes to check #blood-sugar levels throughout the day.

#Springboard clients frequently ask, “How far do #employers need to go?” If an #employee with a #disability is #hired to do a job s/he is qualified to do, can she/he lose it to someone with more seniority or someone more qualified?” “Does an #accommodation policy that allows a better-qualified nondisabled #employee to take the job of an #employee with a #disability #violate the #ADA?”

The #ADA is very clear that its goal is equal opportunity, NOT #affirmative action (Note: #federal agencies and #subcontractors have an added #affirmative action mandate because they are covered by the #Rehabilitation #Act). The #ADA doesn’t require employers to hire or promote someone with a #disability over a more qualified nondisabled employee.

Shelley

This information should not be construed as “legal advice” for a particular set of facts or circumstances. It is intended only to be a practical guide for participants familiar with this subject. Users should seek appropriate legal advice tailored to address their specific situation.