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Clearly, people with disabilities can be at a substantial disadvantage in the workplace. Reasonable accommodations, or modifications to one or more aspects of the job, serve to “level the playing field” and allow people with hidden disabilities to fulfill their job responsibilities just as anyone else. Employers are required by the Americans with Disabilities Act (ADA) to provide such reasonable accommodations for those employees who disclose their disabilities. However, in order to be protected under these laws, employees must not only disclose, they must have a disability that “substantially limits” one or more “major life activities.” Thus, not everyone with a hidden disability is covered under the ADA; those who have only minor limitations and can be self-accommodating are not covered. In addition, independent contractors and people who work for an organization with less than fifteen people are not protected by the ADA.
While not all disorders are severe enough to be covered under the ADA, it may be in the employer’s best interest to make the requested accommodation regardless of the “legalities” involved. Not only will the accommodation make for a more productive employee, some accommodations can be beneficial for ALL employees. For example, providing flexible work schedules or the ability to work from home at certain times. Employers are not required to provide any accommodations that would cause “undue hardship” to the organization. Thus, if an accommodation is expensive, difficult to implement, or disruptive, employers have the right to refuse to provide the accommodation. The ADA states that the size of the company and available resources will be considered when determining if an employer can rightfully refuse to accommodate an employee with a disability. Keep in mind, though, that there may be more than one solution to the problem. Job accommodations for people with disabilities often cost less than employers expect. In fact, the majority of accommodations made in the workplace cost less than $500. (Refer to table.) Employers have also reported an average return of $28.69 in benefits for every dollar spent on accommodations (DO-IT, 2002). In addition, the government has implemented tax incentive programs that offer credits and deductions to employers who provide accommodations to employees with disabilities (DOL, 2003). Yet, about one-quarter of the ADA Title I complaints filed with the Equal Employment Opportunity Commission (EEOC) allege failure to provide reasonable accommodation. The average cost to defend employee-related lawsuits such as ADA violations is estimated at $30,000 (NHC Insurance Services, Inc., 1998). Given these figures, it certainly makes sense for employers to do all they can to provide the necessary accommodations. |
| Cost of Accommodation | Percentage |
|---|---|
| $0 | 20% |
| $1-$500 | 51% |
| $501-$1000 | 11% |
| $1001-$1500 | 3% |
| $1501-$2000 | 3% |
| $2001-$5000 | 8% |
| $5000+ | 4% |
| Source: Finding Gold: Hiring the Best and the Brightest, DO-IT, 2002 Data collected by the Job Accommodation Network | |
| Employers are not required to determine if an employee with a hidden disability needs an accommodation or what type of accommodation is most appropriate. The employee is responsible for telling the employer how the disability affects her/his performance of job functions and for requesting an accommodation. The two can then discuss what types of modifications to the job are necessary based on the employee’s needs, keeping in mind that there must be a direct connection between the accommodation and the specific disability. Employers maintain the right to review proper psychological, educational, or medical documentation of a disability prior to granting a request for accommodation. (Note: these records should be reviewed by an individual who is qualified and trained to do so.)
An additional resource employers may wish to consult is the Job Accommodation Network (JAN), a toll-free service that assists businesses with questions about accommodations and the ADA (See RESOURCES for contact information). According to the U.S. Equal Employment Opportunity Commission (EEOC), there are many accommodations that enable individuals with disabilities to apply for jobs, be productive workers, and enjoy equal employment opportunities, and they can be grouped into the following categories. | |
| 1. Equipment | 7. Leave |
| 2. Accessible Materials | 8. Policy Modifications |
| 3. Changes to the Workplace | 9. Modifying Supervisory Methods |
| 4. Job Restructuring | 10. Job Coaches |
| 5. Working at Home | 11. Reassignment |
| 6. Modified Work Schedules | |
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The "Searchable Online Accommodation Resource (SOAR) - a five-step accommodation process, which includes common questions asked during the accommodation process and popular organizations that will help you research additional information.
The following is an example** of how you can use SOAR when determining appropriate accommodations: Step 1 – Select the Impairment** Keep in mind that not all individuals with a given disability will have the same limitations and not all accommodations listed will be appropriate for all people. Accommodations will also vary by job function. | |