Reasonable accommodation - Defined: Neither the ADA, nor the U.S. Code define the term “reasonable accommodation.” Instead, the ADA provides examples of what may constitute reasonable accommodation. 42 U.S.C §12111(9), ADA §101(9). The EEOC has indicated that reasonable accommodation consists of any change in the work environment that “enables an individual with a disability to enjoy equal employment opportunities.” 29 C.F.R. App. §1630.2(o). The regulations describe reasonable accommodation as applying to:

Reasonable accommodation - Purpose & Function: Reasonable accommodation under the ADA goes beyond the requirement of simple non-discrimination imposed in other civil rights statutes. Reasonable accommodation actually requires an employer to take affirmative steps to accommodate the qualified individual with a disability. Reasonable accommodation is not a temporary means to an end, i.e., a method for eliminating discrimination; instead reasonable accommodation continues to exist even after all unlawful discrimination has ended. Alexander v. Choate, 469 U.S. 287, 300 n.20, 105 S.Ct. 712 (1985).

Judge Richard Posner has described disability discrimination and its connection to reasonable accommodation by stating that the drafters of the ADA chose to “define 'discrimination' to include an employer's [unwillingness to make] reasonable accommodations.” Vande Zande v. Wisconsin Dept. of Admin., 44 F.3d 538, 541-542 (7th Cir. 1995).

In the ADA, Sec. 102(b)(5) requires an employer to make reasonable accommodation to the “known physical or mental limitations of an otherwise qualified individual with a disability.”

Who the Employer Must Reasonably Accommodate: The ADA requires employers to reasonably accommodate a person who is an “otherwise qualified individual with a disability.” 42 U.S.C. §12112(b)(5). If the only reason an employee cannot perform the essential duties of a job position is the lack of reasonable accommodation, then that person is still “otherwise qualified” even if the person is not able to perform even one of the essential duties of the job without accommodation. The definition of “otherwise qualified” is not the same as “qualified individual with a disability.”

What Locations the Employer Must Accommodate: Employers must accommodate in both facilities, programs, and services they provide to their employees. Therefore, reasonable accommodation extends to the following:

Employers do not have to modify facilities so as to make working conditions identical for persons having and not having disabilities. Vande Zande, Id. at 546.

What is Defined As Reasonable: According to the EEOC's regulations, any reasonable accommodation effective in assisting an employee to enjoy equal employment opportunities, is reasonable without regard to cost. Some courts are directly balancing the benefit to the employee to the cost to the employer. According to Judge Posner the cost of an accommodation may not be disproportionate to the benefit, or the accommodation becomes “unreasonable.” Vande Zande, 44 F.3d at 542.

When An Accommodation Is Required: An employer need only accommodate known mental or physical conditions. An employer is presumed to know when the employee gives notice, or the employer becomes aware of the condition through any other means. Schmidt v. Safeway, Incorporated, 864 F.Supp. 991, 993 (D. Or. 1994). An employer who is not aware of the legal significance of the facts it knows, is still required to reasonably accommodate, as long as the employer is aware of those facts. In fact, an employee with seizures, who denies having a disability, executes the employer's duty to reasonably accommodate, because any reasonable employer would know such symptoms reflect some type of underling disabling condition. Hedberg v. Indiana Bell Tel. Co., 47 F.3d 928 (7th Cir. 1995).

With regard to mental disabilities, employers who were aware of the following were not deemed to have knowledge of an employee's mentally disabling condition:

The EEOC states it is generally preferable for the employee to notify the employer when an accommodation is needed. In most instances, the need for a reasonable accommodation is not triggered until the employee makes a request. An employee, however, need not mention the statute or the word “accommodation” to invoke rights to reasonable accommodation. Schmidt v. Safeway, Inc., Id.

An Employer's Approach to the Issue of Accommodation: The EEOC has suggested a four step process for identifying and providing reasonable accommodations. The employer should do the following:

Employees may not demand that an employer provide the “best” accommodation, or even the “better” reasonable accommodation. 29 C.F.R. App. § 1630.9. Employers may relieve themselves of a specific accommodation if they can show the accommodation poses an undue hardship on the employer's operation. However, there does not appear to be any rule that governs when employers and employees ultimately disagree about what reasonable accommodation should apply. One court has suggested that in such a case, the court will analyze the good faith efforts by both sides to reach an agreement. Beck v. University of Wisconsin Board of Regents, 75 F.3d 1130 (7thCir. 1996).

The Doctor's Role in Reasonable Accommodation: The employee's physician may suggest job changes needed for the employee to perform the job, and the court may give great weight to the that opinion. D'Amico v. New York State Bd. of Law Examiners, 813 F.Supp. 217, 223 (W.D.N.Y. 1993).

The Employer's Right to Demand the Employee Use an Accommodation: An employer may not force an employee to utilize an accommodation, especially when the employee has not asked for the reasonable accommodation, and there is no apparent need for the accommodation. The EEOC's example discusses an individual with a visual impairment who has a restricted field of vision who declines any assistance for her reading job. In that case, the employer may not impose the use of a reader as an accommodation on that person.

On CBS's 60 Minutes this week, the program disclosed a demand by the CIA that a legal department research assistant wear a totally enclosing, wrap around helmet, as soon as she entered the CIA parking lot. The CIA made this demand despite the fact that her two physician parents, as well as her personal physician, had never found a need for head protection during the 11 year period when she was susceptible to seizures. Although she experienced approximately two uncontrolled seizures per week, the employee got aura warnings of most of her seizures, and in almost all cases was able to lower herself to the ground before the seizure took place.

If an individual rejects a reasonable accommodation, and as a result cannot perform the essential functions of her job, that employee is no longer considered a qualified individual with a disability. 29 C.F.R. § 1630.9(d).

Types of Reasonable Accommodations: Attached is a listing by categories of different types of reasonable accommodations. Accommodations may be assistive, provide involve modifications to the work environment, modifications to work methods, and modifications to policies.