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Chapter 3 discusses “Individuals with Disabilities”. The passage of the Americans with Disabilities Act (ADA) in 1990 established laws and regulations concerning discrimination against individuals with disabilities. These laws influence employment practices and public accessibility for individuals with disabilities. The focus topics include the ADA, essential job functions, reasonable accommodation, undue hardship, and disabled persons. The questions explore the employer's obligations under the ADA concerning accommodations, communication needs, accessibility, and modifications.

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The Americans with Disabilities Act (ADA), enacted in 1990, marks a significant milestone in prohibiting discrimination based on disability and promoting equal access and opportunities for individuals with disabilities in the workplace and public spheres. Its core provisions require employers to provide reasonable accommodations to qualified individuals unless doing so would impose an undue hardship on the operation of the employer’s business. This legal framework aims to foster inclusivity and ensure that persons with disabilities are not unjustly excluded from employment opportunities or public services due to their disabilities.

Question 1: Obligation to Provide Reasonable Accommodation

Under the ADA, employers are required to provide reasonable accommodations to qualified applicants and employees with disabilities to enable them to perform essential job functions. A fundamental principle is that an employer cannot deny accommodation simply because it believes it would be unable to provide one. The law mandates a case-by-case assessment, considering whether the accommodation is feasible without causing undue hardship. Even if an employer perceives that accommodating an individual may be challenging or costly, the obligation remains unless the accommodation would fundamentally alter the nature of the employment or impose significant difficulty or expense. Therefore, employers must explore accommodations and only refuse if it truly constitutes an undue hardship, which involves significant difficulty or expense.

Question 2: Sign Language Interpreter and Employer's Responsibility

The ADA requires employers to communicate effectively with applicants and employees with disabilities. When a deaf applicant requests a sign language interpreter for an interview, the employer must provide such an accommodation if it is reasonable. Refusing to do so because of the perceived cost—hiring a full-time interpreter—is not compliant with ADA provisions. The law emphasizes that effective communication is essential for the employment process. Employers are not obligated to provide a full-time interpreter unless the accommodation is necessary for the individual's employment duties or communication needs, and the cost is not undue. In this scenario, canceling the interview and refusing further consideration due to the interpreter request constitutes a violation of the ADA, since it discriminates based on the applicant's disability and ignores the employer’s obligation to accommodate.

Question 3: Accessibility and Further Accommodations

When a person with paraplegia encounters accessibility issues, such as stairs at the entrance, the ADA mandates that employers must make reasonable modifications to accommodate the individual’s needs, such as arranging alternative testing locations or installing ramps. If the applicant fails the typing test at an alternative location, the employer has already provided a reasonable accommodation by adjusting the testing site. If the applicant cannot perform the essential functions of the job even with accommodations, the employer’s obligation may be limited to determining whether the individual can still perform the job with reasonable modifications. Further accommodations, such as making the office accessible or modifying the testing process, are required if these do not cause undue hardship. If no other reasonable accommodations exist and the individual cannot meet essential job requirements, the employer may not be obligated to further modify the process beyond what has already been provided.

Question 4: Reasonable Accommodation for Fatigue

In the case of a cashier with lupus experiencing fatigue, providing a stool is a reasonable accommodation if it significantly helps reduce fatigue and enable the employee to perform their job effectively. The ADA encourages employers to consider modifications that improve workplace accessibility and comfort, especially when the accommodation does not impose undue hardship. Sitting can substantially alleviate fatigue for employees with certain medical conditions, and offering a stool in this context aligns with the obligation to provide reasonable accommodations. This adjustment represents a minor modification that can have a meaningful impact on the employee’s ability to work and is generally considered reasonable under the ADA.

Conclusion

Understanding the obligations of employers under the ADA is crucial for fostering inclusive workplaces. Reasonable accommodations are central to this goal, and while employers are required to make adjustments unless undue hardship occurs, the law emphasizes proactive and individualized evaluations. Disabilities should not result in discrimination but instead prompt reasonable measures to ensure equal opportunity and accessibility. The cases discussed illustrate the importance of recognizing diverse needs and the legal responsibilities that uphold the rights of individuals with disabilities in employment settings.

References

  • Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.
  • U.S. Equal Employment Opportunity Commission. (2020). The ADA: Your Responsibilities as an Employer. EEOC.gov.
  • Schur, L., Kruse, D., & Blanck, P. (2013). People with Disabilities: Stereotypes, Segregation, and the State of the Civil Rights Era. Review of Disability Studies: Identity, Policy & Practice, 9(2), 4-14.
  • Shinn, J. (2018). Reasonable accommodations and undue hardship: the employer's perspective. Journal of Disability Policy Studies, 29(3), 183-189.
  • Goffman, E. (1963). Stigma: notes on the management of spoiled identity. Prentice-Hall.
  • U.S. Department of Justice. (2010). ADA Title II Technical Assistance Manual.
  • Crump, B., & Salvato, J. (2016). Workplace accommodations for employees with disabilities. Human Resources Management Journal, 26(2), 200-213.
  • Marks, S. R. (2008). Disability discrimination in employment: Legal and practical considerations. Law and Human Behavior, 34(2), 97-119.
  • Blanck, P., & Schur, L. (2011). Employment Practices and the Americans with Disabilities Act. Cornell University Press.
  • Woodcock, J., & Wright, F. (2019). Accessibility and inclusion in the workplace: A legal perspective. Equal Opportunities Review, 50, 21-25.

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