reasonable accommodation
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Maseno University *
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3250
Subject
Law
Date
Nov 24, 2024
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docx
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3
Uploaded by JackNjungi
Use the text and the U.S. Department of Justice website to identify what is reasonable
accommodation and how is it determined.
Do you believe the determination is fair for all
individuals?
Why or why not? Be specific.
Refer to the ADA.gov website for additional
information.
Under the Americans with Disabilities Act’s Employment (Title I), covered employers must
make reasonable accommodations for employees and job applicants living with disabilities
and restrict discrimination based on their disabilities in all employment practices (Americans
with Disabilities Act of 1990). A reasonable accommodation is any modification or
adjustment that is made to the work environment or job so that qualified applicants or
employees who are disabled can enjoy equal chances in the job application process,
undertake essential tasks of the job, or enjoy privileges and benefits same like their
colleagues that are not disabled (U.S. Department of Justice). For example, during the hiring
process, a blind person may be assisted in writing the test. Again, a spinal cord-injured
employee may be granted frequent leave to get adequate rest. Other changes and adjustments
that may be termed as reasonable accommodation include but are not limited to the provision
of interpreters and readers, giving light duties to the disabled, frequent rest breaks, shift
changes, modification of job functions, and reassignment of the task.
A reasonable accommodation is determined by thoroughly examining the individual needs
associated with a disability and the extent to which the employer can provide. One should
understand that accommodation is only reasonable if it does not cause undue hardship for the
employer. For this reason, disabled employees might claim damages if they are denied a
reasonable accommodation by an employer (Cihon & Castagnera, 2020). Under UDA, for an
applicant or employee to qualify for a reasonable accommodation, they must have a mental or
physical disability that significantly restricts them in one or several major life undertakings.
Every request for an employee or applicant males for reasonable accommodation is on a
determined case-to-case basis. For example, an employer is only supposed to accommodate
disability if he is able and if he is aware of it. Hence one should disclose the disability to get
much-needed accommodation. If the disability is not apparent, the employer can request a
medical report to confirm the need for accommodation. This criteria for determining
reasonable accommodation is fair. This is because both parties, the employer and employee,
should equally be protected. For example, an employer may be financially unable to provide
reasonable accommodation to a disabled employee; hence, that should not mean that he
discriminates against them. Also, proof of mental or physical impairment is an effective way
of preventing an employee from being exploited by people who may be pretending to be
disabled.
Reference
Americans with Disabilities Act of 1990, Pub. L. No. 101-336, § 2, 104 Stat. 328 (2000).
Cihon, P. J., & Castagnera, J. (2020). Employment and labor law. Cengage.
U.S. Department of Justice. https://www.justice.gov/jmd/reasonable-accommodation
Secondary Post Instructions
Read and respond to posts made by at least two peers. Refer to
the Discussion Grading Rubric (in
Course Documents
). Respond in
one or more of the following ways:
Ask a probing question
Share an insight from having read your peer’s post
Offer and support an opinion
Validate an idea with your own experience
Make a suggestion
Replies
Christian Easton
I support your reasoning fully that reasonable accommodation is something is needed in
every workplace that has disabled workers. If one is disabled and he or she is qualified for a
job, then he is protected by ADA from any form of employment discrimination based on his
or her disability. According to ADA, a person is disabled if he or she is either mentally or
physically impaired and as the person is unable to undertake major life activities. It is
however important to note that for someone to be under UDA protection, he or she must
show a record of substantial impairment be regarded as having it as opposed to a minor
impairment. I think in this case a substantial impairment is that one that considerably restricts
or limits major live activities like walking, hearing, seeing, manual tasks or even speaking.
However, even with those substantial impairment, one must meet qualifications for the job.
Such qualification include licenses, skills, experience, and education and have the capacity to
undertake basic or essential roles of the functions with or without being reasonably
accommodated. Those functions of the job that are regarded as essential are fundamental
duties that one be able to undertake personally without assistance. Good post. Let us keep
learning.
Matt Bubis
It is true that a reasonable accommodation should not cause any hardship on the employer.
The ADA acknowledges that there are situations in which an accommodation may impact an
“undue hardship” for employers. It is important to note that employer is not necessitated to
provide accommodation if it would cause an undue hardship. This means that any
accommodation that can cause an undue hardship cannot be regarded as “reasonable” for the
employer to offer.
But the question is how is reasonable accommodation determined under
ADA, which you also touched on. It is clear that an accommodation cannot be reasonable if it
will cause the employer to experience financial trains, if it is too disruptive or expensive, or if
it will fundamentally alter the operation or the nature of the job.
For example, if the disabled
worker requests for a flexible timetable with later morning hours. Although, the organization
has to be opened at a particular time for clients and has inadequate employees skilled to offer
specific services. Such kind of a situation makes it hard for the employer to provide
reasonable accommodation without asking other workers to undertake more work. This
would cause an undue hardship to the employer and therefore it will not be reasonable to
provide such accommodation.
Offer and support an opinion
Validate an idea with your own experience
Laura Tackett
Your statement that statutes like Title VII of the Civil Rights Act of 1964, American with
Disabilities Act of 1990, and OSHA have been directly applicable to your Human Resource
specialization. I am a beneficially of both OSHA and Title VII of the Civil Rights Act of 1964
in America.
I have been able to secure an employment in America despite being a Muslim
and my country of origin is Saudi Arabia. I have never experienced any kind of
discrimination based on the two factors. Be it my workmates or supervisor, I have never
experienced one. As well, our employer ensures that the workplace is safe for all employees.
For instance, the employer has been able to hire security guards, installed CCTV, provided us
with appropriate safety gears, trained us on the importance of coexisting with each other
peacefully, and at some time forced to fire violent and abusive workers.
The government
must be appreciated for ensuring that every employer under these statutes follows them
strictly toward ensuring there is effective employer-employee relationship. Although there
have been several cause of breach, largely these statutes have been followed by majority of
the employers. This class is therefore very important for people like you who intends to
become a human resource specialists in the near future.
Jennifer Recker
HR departments are tasked with the workforce activities of the businesses. Among the most
vital roles of HR department is to deal with safety, regulatory, and legal requirements that are
enforced by state and federal agencies.
These requirements are efforts channelled toward
ensuring that the rights of employees and employers are protected in the workplace. The
organizations are supposed to follow compliance requirements and if an organization fails, it
is likely to face legal repercussions or even forced to close down. Currently, HR departments
have advanced and are asked to strictly follow regulatory and litigation guidelines. I have
experienced the same at my area of work. There are no longer frequent reported cases of
discrimination and harassments. As well, the employer strictly follows OSHA guidelines,
among other statutes, unlike what was happening in few decades ago. Today, most
organizations have good working relationship with their employees. This is very encouraging.
In some instances, where an organization has been found to have breached any statute or
regulation, legal process is started and if found quietly, necessary legal actions are taken
against it. I think we can only expect the relationship between employer and employee to be
better in the coming days.
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