The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations.
An individual with a disability is a person who:
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation under current laws and regulations may include, but is not limited to:
An employer does not have to provide a reasonable accommodation if it imposes an “undue hardship.” Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.
An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. if an employer believes that a medical condition is causing a performance or conduct problem, it may ask the employee how to solve the problem and if the employee needs a reasonable accommodation. Once a reasonable accommodation is requested, the employer and the individual should discuss the individual's needs and identify the appropriate reasonable accommodation. Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide.
General Counsel PC also offers services pertaining to other regulatory issues in business.
The phrases “Americans with Disabilities Act” (ADA) and “reasonable accommodation” go hand in hand, but the decision of whether or not an accommodation is legally “reasonable” is not so intuitive. As the recent case Hannah v. United Parcel Service (UPS) describes, “an accommodation is not reasonable if it does not ‘enable[] the employee to perform...
In a recent case, the Fourth Circuit found for the employer, holding the former employee couldn’t establish his claims of hostile work environment or wrongful termination under the Americans with Disabilities Act (“ADA”). Here, the court determined that the employee was not a “qualified individual” under the ADA and couldn’t establish sufficiently severe or pervasive...
In a recent case, the U.S. Court of Appeals for the Fourth Circuit held that creating a new job-share position for an employee with a disability doesn’t constitute a reasonable accommodation under the Americans with Disabilities Act (“ADA”). There, the court decided that if the job-share at issue didn’t exist at the time the accommodation...
In a recent case, the Fourth Circuit found an employee was not able to establish that he could perform the essential functions of his job under the Americans with Disabilities Act. The court ruled in favor of the employer after finding the company “extended reasonable accommodations” acting at every stage to ensure that the employee’s...
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