Title I of the Americans with Disabilities Act of 1990 (the "ADA") (1) requires an employer (2) to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. The final section of this Guidance discusses undue hardship, including when requests for schedule modifications and leave may be denied. The Guidance also examines issues concerning the interplay between reasonable accommodations and conduct rules. Reassignment issues addressed include who is entitled to reassignment and the extent to which an employer must search for a vacant position. Questions concerning the relationship between the ADA and the Family and Medical Leave Act (FMLA) are examined as they affect leave and modified schedules. The Guidance also covers different types of reasonable accommodations related to job performance, including job restructuring, leave, modified or part-time schedules, modified workplace policies, and reassignment. The Guidance discusses reasonable accommodations applicable to the hiring process and to the benefits and privileges of employment. The Guidance addresses what constitutes a request for reasonable accommodation, the form and substance of the request, and an employer's ability to ask questions and seek documentation after a request has been made. This Guidance examines what "reasonable accommodation" means and who is entitled to receive it.
This Guidance sets forth an employer's legal obligations regarding reasonable accommodation however, employers may provide more than the law requires. Title I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.
This Enforcement Guidance clarifies the rights and responsibilities of employers and individuals with disabilities regarding reasonable accommodation and undue hardship. TYPES OF REASONABLE ACCOMMODATIONS RELATED TO JOB PERFORMANCEĪPPENDIX: RESOURCES FOR LOCATING REASONABLE ACCOMMODATIONS REASONABLE ACCOMMODATION RELATED TO THE BENEFITS AND PRIVILEGES OF EMPLOYMENT REASONABLE ACCOMMODATION AND JOB APPLICANTS Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act INSTRUCTIONS: File after Section 902 of Volume II of the Compliance Manual.ORIGINATOR: ADA Division, Office of Legal Counsel.a(5), this Notice will remain in effect until rescinded or superseded. EXPIRATION DATE: As an exception to EEOC Order 205.001, Appendix B, Attachment 4.In addition, minor changes were made to certain footnotes and the Instructions for Investigators as a result of the Barnett decision and the new section 501 regulations.
The major changes in response to the Barnett decision are found on pages 4-5, 44-45, and 61-62. 1516 (2002), and (2) the Commission's issuance of new regulations under section 501 of the Rehabilitation Act. Most of the original guidance remains the same, but limited changes have been made as a result of: (1) the Supreme Court's decision in US Airways, Inc. PURPOSE: This enforcement guidance supersedes the enforcement guidance issued by the Commission on 03/01/99.SUBJECT: EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act.
0 kommentar(er)
