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
Virginia employers with five or more employees should include this statement in their handbook to educate employees about the availability of reasonable accommodations for pregnancy, childbirth and related medical conditions and to comply with a handbook policy requirement.
Updated to reflect amendments to the Virginia Human Rights Act regarding pregnancy accommodations, effective July 1, 2020.
Updated to reflect forthcoming law regarding pregnancy accommodations.
Updated to reflect amendments to the Virginia Human Rights Act regarding lactation accommodations, effective July 1, 2020; and to reflect the forthcoming Tennessee Pregnant Workers Fairness Act.
Updated to reflect EEOC guidance on antibody testing.
Updated to reflect additional EEOC guidance regarding discrimination based on national origin, age and pregnancy.
Updated to reflect amended pregnancy accommodation certification requirements, effective June 11, 2020.
Employer considerations once an employee or applicant requests a reasonable accommodation. ADA help for the HR professional.