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by
Sandy Lovejoy
Monster Contributing Writer
The Americans with
Disabilities Act (ADA) protects any employee with a permanent,
long-term or chronic disability in private and government organizations,
labor unions and employment agencies against discrimination because
of a disability. This protection extends to all work-related activities,
from the job application process through termination, and includes
working conditions and fringe benefits. If you have a disability
and believe you need alterations to some aspects of your job or
job site, you can request reasonable accommodations.
But what's "reasonable"? Both employers and employees have a stake
in this issue and may have different opinions. To offer the job
in the first place, an employer has to be reasonably sure the applicant
is qualified and can carry out the job's major activities. A worker
with a disability may ask for accommodations to help with marginal
or incidental job functions. These could include scheduling, physical
space adaptations, the use of interpreters or personal-care attendants
and performing the work differently. The bottom line is: Is the
final outcome in line with expectations for other employees doing
the same work?
Employers considering accommodations generally welcome suggestions
as to what would be most helpful. However, they are not obligated
to do anything that would "impose an undue hardship." What constitutes
a "hardship" may depend on the size of the business.
A large corporation is expected to accommodate wheelchairs in elevators
and restrooms as well as in any workspace an employee in a chair
would need to use. However, break areas may not be as easily accessible.
In this case, a worker with a physical disability could reasonably
request an accessible break area. It may be a lonely experience
-- the employer does not need to make other employees use the accessible
space for their breaks. In this situation, a little creative brainstorming
between the employer and employee could provide a more satisfactory
solution.
Asking a small business to put in an elevator would probably be
considered an undue hardship. There may be other ways to accommodate
someone who uses a wheelchair. Perhaps many of the job functions
could be done at another, more accessible site and meetings with
supervisors held in places both can get to. However, it is reasonable
to expect office furniture will be at an appropriate height, technologically
adapted equipment will be available, adequate spaces between desks
or cubicles will exist, restrooms will accommodate wheelchairs and
so on.
If the disability is illness-related and accommodations require
adaptations such as time for doctors' appointments or periodic leave
time, an employee should be open with an employer from the start.
It is important to agree on measures that will not make workers
with disabilities seem too different from the rest of the staff,
unless a worker with a disability is willing to discuss the situation
with coworkers. Other employees will notice any special treatment
and speculate about the reasons. If the supervisor and worker collaborate
on how to handle the requested accommodations in a cooperative manner,
the outcome will be happier for everyone.
The circumstances for "reasonable accommodations" can be as varied
as the individuals involved. Remember that workers with disabilities
are entitled to support from their employers in meeting job expectations.
Employers must provide accommodations of some sort if requested.
Employees should:
Ask for adaptations, believing something agreeable to both parties
can be worked out.
Bring suggestions to the meeting.
Expect to negotiate a solution.
Remember: Positive relationships are a most important asset on the
job. A wealth of information about the ADA and its applications
can be found in this Q&A
section of the ADA Web site.
Talk about this article and get expert advice on the Workers
with Disabilities message board.
Tell
us what you think about this article.
The purpose of this article is to both provide
information and facilitate general dialogue about various employment-related
topics. No legal advice is being given and no attorney-client relationship
created. Please see the disclaimer for further limitations and conditions.
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