April 2009, Work Truck - Feature
How to Comply with 'Reasonable Accommodations' Mandates
The Americans with Disabilities Act (ADA) requires employers accommodate an employee's disability or religion. Strategies and procedures can be developed to guide managers in complying with the regulations without creating "undue hardship" to the company.
By Richard D. Alaniz
No one likes to get sued. But lawsuits have become part of the cost of doing business in most industries, including fleet management. Employers have had to respond by adopting policies and procedures that reduce the likelihood an employee will sue, or if they do sue, win.
One of the most confusing aspects of discrimination law is what's called "reasonable accommodations." Reasonable accommodations are required by federal law, which means if you don't understand them, you will be sued. Many states and local governments also have their own reasonable accommodations regulations.
What Exactly is a 'Reasonable Accommodation'?
Federal law creates special protections for employees who either suffer from a disability or have religious obligations to which they must adhere. The Americans with Disabilities Act - now the Americans with Disabilities Amendments Act - and Title VII of the Civil Rights Act make it illegal to discriminate against employees because of a disability or religious belief.
To further this purpose, the law requires employers to alter the ordinary circumstances and conditions of employment to accommodate the employee's disability or religion to the extent that it doesn't create an "undue hardship" on the company. However, what is an undue hardship is judged on a case-by-case basis. According to the Equal Employment Opportunity Commission (EEOC), there are three types of reasonable accommodations:
■ Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires.
■ 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 functions of that position.
■ 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.