Overview: The Americans with Disabilities Act (ADA) requires that employers provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause an undue hardship on the employer's business.
An employer's duty to make reasonable accommodations extends to all employment decisions, and it applies to job applicants and full- and part-time employees. Examples of accommodations include:
Trends: The Equal Employment Opportunity Commission (EEOC) has entered into multi-million dollar settlements with employers that inflexibly and universally apply a leave limit policy (such as no-fault attendance policies) without looking at the reasonable accommodation requirements of the ADA.
Author: Melissa S. Burdorf, JD, Legal Editor
Updated to reflect amendments to the Cannabis Regulation and Tax Act relating to an employer's liability based on its workplace drug policy, effective December 4, 2019.
The 7th Circuit Court of Appeals has ruled that under certain circumstances a demotion can qualify as a reasonable accommodation under the Americans with Disabilities Act.
Updated to reflect the Grand Rapids Human Rights Ordinance, effective December 1, 2019.
Updated to reflect disability-related protections for victims of domestic violence, effective November 18, 2019.
Updated to reflect forthcoming rules implementing law regarding pregnancy accommodations.
Updated to reflect forthcoming California amendments expanding lactation accommodation protections.
Updated to reflect Fort Lauderdale's Human Relations Ordinance, effective September 17, 2019.
A federal jury has awarded $5.2 million to a former Walmart employee with multiple disabilities for the company's refusal to restore a long-standing reasonable accommodation under the ADA.
Employer considerations once an employee or applicant requests a reasonable accommodation. ADA help for the HR professional.