Under the Americans with Disabilities Acts (ADA), employers must
provide “reasonable accommodations” to a “qualified individual”
employee with a “disability.” Although these terms seems simple
enough in the concept, the evolving definitions of these terms can make
a school district administrator's life anything but simple.
Below, we review the current legal meaning of “Reasonable
Accommodation,” and what it means for your district.
I. “Reasonable Accommodation” has been defined to include the following:
a. Modifications or adjustment to a job
application process that enables a qualified applicant with a
disability to be considered for the position such qualified applicant
desires; or
b. Modifications or adjustments to the work environment, or to the
manner or circumstances under which the position held or desired is
customarily performed, that enable a qualified individual with a
disability to perform the essential function of the position; or
c. Modifications or adjustments that enable a covered entity's employee
with a disability to enjoy equal benefits and privileges of employment
as are enjoyed by its other similarly situated employees without
disabilities.
II. Examples of Reasonable Accommodations:
a. Making existing facilities used by
employee readily accessible to and usable by individuals with
disabiliti8es;
b. Job restructuring;
c. Part-time or modified work schedules;
d. Re-assignment to a vacant position;
e. Acquisition or modification of equipment or devices;
f. Appropriate adjustment or modification of examinations, training
material, or policies;
g. The provision of qualified readers or interpreters, and other
similar accommodations for individuals with disabilities.
III. Exceptions to Requirement
a. Undue Hardship
b. Essential Job Functions
c. Employee Non-Cooperator
IV. Recent Court Cases
a. PGA Tour, Inc. v. Martin
b. University of Alabama v. Garrett