{"id":4751,"date":"2016-04-04T10:47:41","date_gmt":"2016-04-04T15:47:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/reasonable-accommodations-and-the-americans-with-disabilities-act.html"},"modified":"2024-06-06T05:26:49","modified_gmt":"2024-06-06T10:26:49","slug":"reasonable-accommodations-and-the-americans-with-disabilities-act","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/reasonable-accommodations-and-the-americans-with-disabilities-act.html","title":{"rendered":"Reasonable Accommodations and the Americans with Disabilities Act"},"content":{"rendered":"\n
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Reasonable Accommodations and the Americans with Disabilities Act<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
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Since the Americans with Disabilities Act<\/a> (ADA) became law, businesses have struggled with ADA compliance. ADA requirements banning non-discrimination in hiring<\/a> are relatively easy to follow. But what about "reasonable accommodations?" What are reasonable accommodations in the workplace? Guidance is vague because accommodations depend on each worker’s needs and the ability of each workplace to comply.<\/p>\r\n

ADA rules on accommodations remove barriers that prevent workers with disabilities from employment. Accommodations range from the obvious, such as wheelchair access into buildings, to the less so, like assistive communication devices for speech-impaired workers.<\/p>\r\n

Who Does the ADA Cover?<\/h2>\r\n

The ADA applies to all employers with 15 or more employees. There are several sections to the ADA. Title I applies to hiring and workplace accommodations. The ADA gives protections to all "qualified workers with disabilities<\/a>." Businesses must offer equal opportunities to qualified employees who can perform the job with or without accommodation.<\/p>\r\n

A covered disability<\/a> is "any physical or mental impairment that substantially limits one or more major life activities (like sitting, standing, or sleeping)." It is also anyone with a history of such an impairment or someone perceived as having such an impairment. For instance, someone with diabetes may have no symptoms that would affect their employment. If their employer treats them differently because of their disability, the employer is violating the ADA.<\/p>\r\n

ADA compliance does not force employers to consider all applicants for all jobs. For instance, even with all available technical assistance, visually impaired people cannot become commercial pilots. But, accessibility guidelines change over time. At one time, hearing-impaired drivers could not get a CDL (commercial driver’s license) or drive big rigs. Today, assistive technology lets qualified people get their CDLs with an exemption from the U.S. Department of Transportation.<\/p>\r\n

Making Reasonable Accommodations<\/h2>\r\n

Most ADA guidance on accommodations has focused on public accommodations. Creating general accessibility requirements for public transportation and restrooms is easier than crafting individual rules for each workplace and worker. The EEOC "Primer for Small Business<\/a>" contains specific guidelines on what small businesses must do under the ADA.<\/p>\r\n

Reasonable accommodations<\/a> depend on the particular needs of the employee and the workplace. What is "reasonable" at one workplace may not be reasonable, or even needed, at another. The goal of ADA standards is to create equal access for all workers. The employee and the employer must work together to determine the best way to accommodate the employee’s needs.<\/p>\r\n

Examples of reasonable accommodations in the workplace can include:<\/p>\r\n