Members may download one copy of our sample forms and templates for your personal use within your organization. Neither members nor non-members may reproduce such samples in any other way e. In that case, the worker would not be entitled to a reasonable accommodation under the act, according to the agency's Dec. In most cases, he said, employers have largely focused on the underlying illnesses or conditions driving employees' requests for accommodations during the pandemic, such as compromised immunity, versus COVID itself.
The ADA definition of "disability" includes the following:. As another example, the agency said, a heart condition that did not substantially limit a major life activity before the worker contracted COVID may worsen because of the coronavirus and become an ADA-covered disability.
As an example, the EEOC said, "An individual diagnosed with ' long COVID ' who experiences COVIDrelated intestinal pain, vomiting and nausea that lingers for many months, even if intermittently, is substantially limited in gastrointestinal function, among other major life activities, and therefore has an actual disability under the ADA.
Long COVID will likely be an issue that lingers well after the pandemic is over, Barron predicted, as it is not clear how long someone may experience the condition. Leslie Wallis, an attorney with Ogletree Deakins in Los Angeles, said the steps that should be taken to explore reasonable accommodations typically include obtaining information from the employee's medical provider about the employee's need for an accommodation and the expected duration of the accommodation.
Possible accommodations include schedule changes, physical modifications to the workplace, remote work, and special or modified equipment. If an employer rejects an accommodation request under the ADA based on undue hardship, the decision must be based on "an individualized assessment of current circumstances that show that a specific reasonable accommodation would cause significant difficulty or expense," according to the EEOC.
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Was this article helpful? An employer's obligation to provide reasonable accommodation applies only to known physical or mental limitations. However, this does not mean that an applicant or employee must always inform you of a disability. If a disability is obvious, e. How do I determine whether a reasonable accommodation is appropriate and the type of accommodation that should be made available?
The requirement generally will be triggered by a request from an individual with a disability, who frequently can suggest an appropriate accommodation. Accommodations must be made on a case-by-case basis, because the nature and extent of a disabling condition and the requirements of the job will vary. The principal test in selecting a particular type of accommodation is that of effectiveness, i. It need not be the best accommodation or the accommodation the individual with a disability would prefer, although primary consideration should be given to the preference of the individual involved.
However, as the employer, you have the final discretion to choose between effective accommodations, and you may select one that is least expensive or easier to provide. When must I consider reassigning an employee with a disability to another job as a reasonable accommodation? When an employee with a disability is unable to perform her present job even with the provision of a reasonable accommodation, you must consider reassigning the employee to an existing position that she can perform with or without a reasonable accommodation.
The requirement to consider reassignment applies only to employees and not to applicants. You are not required to create a position or to bump another employee in order to create a vacancy. Nor are you required to promote an employee with a disability to a higher level position. What if an applicant or employee refuses to accept an accommodation that I offer? The ADA provides that an employer cannot require a qualified individual with a disability to accept an accommodation that is neither requested nor needed by the individual.
However, if a necessary reasonable accommodation is refused, the individual may be considered not qualified. If our business has a health spa in the building, must it be accessible to employees with disabilities? Under the ADA , workers with disabilities must have equal access to all benefits and privileges of employment that are available to similarly situated employees without disabilities. The duty to provide reasonable accommodation applies to all non-work facilities provided or maintained by you for your employees.
This includes cafeterias, lounges, auditoriums, company-provided transportation and counseling services. If making an existing facility accessible would be an undue hardship, you must provide a comparable facility that will enable a person with a disability to enjoy benefits and privileges of employment similar to those enjoyed by other employees, unless this would be an undue hardship.
If I contract for a consulting firm to develop a training course for my employees, and the firm arranges for the course to be held at a hotel that is inaccessible to one of my employees, am I liable under the ADA? An employer may not do through a contractual or other relationship what it is prohibited from doing directly. You would be required to provide a location that is readily accessible to, and usable by your employee with a disability unless to do so would create an undue hardship.
What are my responsibilities as an employer for making my facilities accessible? As an employer, you are responsible under Title I of the ADA for making facilities accessible to qualified applicants and employees with disabilities as a reasonable accommodation, unless this would cause undue hardship.
Accessibility must be provided to enable a qualified applicant to participate in the application process, to enable a qualified individual to perform essential job functions and to enable an employee with a disability to enjoy benefits and privileges available to other employees.
However, if your business is a place of public accommodation such as a restaurant, retail store or bank you have different obligations to provide accessibility to the general public, under Title III of the ADA. Title III also will require places of public accommodation and commercial facilities such as office buildings, factories and warehouses to provide accessibility in new construction or when making alterations to existing structures.
Further information on these requirements may be obtained from the U. See page Under the ADA , can an employer refuse to hire an individual or fire a current employee who uses drugs illegally? Individuals who currently use drugs illegally are specifically excluded from the ADA 's protections. However, the ADA does not exclude:. Can I consider health and safety in deciding whether to hire an applicant or retain an employee with a disability? The ADA permits an employer to require that an individual not pose a direct threat to the health and safety of the individual or others in the work-place.
A direct threat means a significant risk of substantial harm. You cannot refuse to hire or fire an individual because of a slightly increased risk of harm to himself or others. Nor can you do so based on a speculative or remote risk. The determination that an individual poses a direct threat must be based on objective, factual evidence regarding the individual's present ability to perform essential job functions.
If an applicant or employee with a disability poses a direct threat to the health or safety of himself or others, you must consider whether the risk can be eliminated or reduced to an acceptable level with a reasonable accommodation. Am I required to provide additional insurance for employees with disabilities? The ADA only requires that you provide an employee with a disability equal access to whatever health insurance coverage you provide to other employees. For example, if your health insurance coverage for certain treatments is limited to a specified number per year, and an employee, because of a disability, needs more than the specified number, the ADA does not require that you provide additional coverage to meet that employee's health insurance needs.
The ADA also does not require changes in insurance plans that exclude or limit coverage for pre-existing conditions. Does the ADA require that I post a notice explaining its requirements?
The ADA requires that you post a notice in an accessible format to applicants, employees and members of labor organizations, describing the provisions of the Act.
EEOC will provide employers with a poster summarizing these and other Federal legal requirements for nondiscrimination. EEOC will also provide guidance on making this information available in accessible formats for people with disabilities. For more specific information about ADA requirements affecting employment contact:.
For more specific information about ADA requirements affecting public accommodations and State and local government services contact:. For more specific information about requirements for accessible design in new construction and alterations contact:.
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