Are We Being Reasonable Are We Being Reasonable? A Practical Guide for ADA Reasonable Accommodation Presented by Cynthia Fairwell, State of Delaware Statewide Administrator of Business Relations Services

Questions that go through managers’ and employees’ minds Do we have to provide an accommodation? Is the employer’s offer “reasonable?” What is reasonable? Does the employer have to provide the accommodation requested by the employee? What does undue hardship mean? Should we consider providing it with no questions asked if the request would result in a reasonable accommodation?

Requirements Do we have to provide an accommodation? Title I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment.

Who is a qualified individual? A person is qualified under ADA when the individual has a physical or mental condition that substantially limits one or more major life activities; having a record or history of such a condition; being regarding as having such a disability. An individual with a disability must also be qualified to perform the essential functions of the job with or without reasonable accommodation

What is reasonable? Is the employer’s offer “reasonable?” There’s that word again: reasonable. What is reasonable? A reasonable accommodation is assistance or changes to a position or workplace that will enable an employee to do his or her job despite having a disability. An accommodation is reasonable when it is a common- sense solution to remove a workplace barrier 

Employer Options Does the employer have to provide the accommodation requested by the employee?

Undue Hardship What does undue hardship mean?

Should we delve further? Should we consider providing it with no questions asked if the request would result in a reasonable accommodation?

Morale & Retention How might dignity and morale play a part in this?

EEOC Guidance & Resources The Equal Employment Opportunity Commission recently issued the “Employer-Provided Leave and the Americans with Disabilities Act” guidance to help employers know when leaves of absences are considered reasonable accommodations for disabled employees.

Questions? Cynthia Fairwell, State of Delaware Statewide Administrator of Business Relations Services cynthia.fairwell@state.de.us