![handle is hein.crs/govelce0001 and id is 1 raw text is: Con gressionol Research Service
Informing the legislitive debate since 1914
March 30, 2023
Reasonable Accommodations for Employees with Disabilities
Three federal laws provide the primary protections for
employees and job applicants with disabilities. First, Title I
of the Americans with Disabilities Act (ADA), 42 U.S.C.
§§ 12111-12117, prohibits disability discrimination by
employers with fifteen or more employees. Second, Section
504 of the Rehabilitation Act, 29 U.S.C. § 794, bars
disability discrimination, including employment
discrimination, by recipients of federal funding. Finally,
Section 501 of the Rehabilitation Act, 29 U.S.C. § 791,
prohibits disability discrimination in most federal
employment. Under these laws (which, as relevant here,
apply the same standards), illegal disability discrimination
includes an employer's failure to reasonably accommodate
an employee or job applicant with a disability. An
accommodation is any change to a job, the work
environment, or an employer's policies or practices to allow
a person with a disability to apply for a job, perform job
functions, or enjoy workplace benefits on equal terms with
other employees.
This In Focus reviews the reasonable accommodations
requirement. It explains who qualifies for accommodations,
what the law requires of covered employers, and the limits
on employers' obligations. For more information about the
ADA, see CRS In Focus IF12227, The Americans with
Disabilities Act: A Brief Overview, by Abigail A. Graber.
Qualifying Empkyees and Applicants
To qualify for an accommodation, an employee or job
applicant must have a disability. A person has a disability
within the meaning of the ADA and Rehabilitation Act if he
or she is actually disabled, has a history of disability, or is
regarded as disabled. 42 U.S.C. § 12102(1). However,
only people who are actually disabled or have a history of
disability are entitled to reasonable accommodations. While
the law protects people from adverse treatment on the basis
of perceived disabilities (a business cannot refuse to hire
someone it erroneously believes to have HIV/AIDS, for
example), workers and applicants cannot receive
accommodations for disabilities they do not, in fact, have.
A person with a disability has a physical or mental
impairment that substantially limits one or more major life
activities. 42 U.S.C. § 12102(1). Congress has directed
that this standard should be construed broadly. An
impairment is any physiological or psychological disorder
or condition. Major life activities include basic tasks and
senses, such as walking, hearing, seeing, standing, or
learning; and bodily functions, such as immune function,
endocrine function, or neurological function. A person is
substantially limited if he or she is limited in a major life
activity compared to most people. Putting the pieces of the
definition together, a disability includes any physiological
or psychological condition that impairs an aspect of a
person's functioning as compared to most people.
In addition to having a disability, an employee or applicant
must be otherwise qualified for the job they seek or hold
to receive an accommodation. 42 U.S.C. § 12112(b)(5). To
be otherwise qualified, an employee or applicant must
satisfy the prerequisites for the position, such as the
necessary education, credentials, job experience, and the
like. He or she must also be able to perform the essential
functions of the position, at least if given a reasonable
accommodation. 42 U.S.C. § 12111(8). The ADA and
Rehabilitation Act protect employees and applicants when
they need reasonable accommodations to do the core work
of their jobs. A worker who cannot perform a marginal part
of the job, even with an accommodation, can still seek legal
protection. It may be a reasonable accommodation to assign
that function to another employee, for example. Employees
with disabilities are not otherwise qualified, however, if
there is no accommodation that would enable them to
perform the fundamental duties of the positions they hold or
seek. They can then face the same consequences as other
employees (such as firing or demotion).
Potential Accommodations
Accommodations can vary in their expense and complexity.
One employee may need a stool for work usually done
standing; another might ask an employer to adopt a new
software package that is accessible to the blind. The Equal
Employment Opportunity Commission provides general
examples of potential accommodations, including:
[j]ob restructuring; part-time or modified work
schedules; reassignment to a vacant position;
acquisition or modifications of equipment or
devices; appropriate adjustment or modifications of
examinations, training materials, or policies; the
provision of qualified readers or interpreters; and
other similar accommodations for individuals with
disabilities.
29 C.F.R. § 1630.2(o)(2)(ii). This list is not the full
universe of potential accommodations, nor is each
accommodation on the list always required. The
accommodation that is reasonable in any given case will
depend on the facts, including the nature of the person's
disability, the particulars of the job, the structure of the
work environment, and the resources of the employer.
When Employers Must Provide
Accommodations
The ADA and Rehabilitation Act require workplace
accommodations for disability. These laws do not require
changes to address a problem outside of employment or
unrelated to disability. Employers must provide only those](ViewImageLocal?handle=hein.crs/govelce0001&div=1&collection=&method=preview&ext=.png&size=3)
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