Reasonable Accommodations under the Americans with Disabilities Act

I was recently asked by another attorney whose specialty lies outside disability law about the legality of discrimination based on disability when it came to a public employer. The protections provided by the ADA are meant to give people with disabilities a legal remedy when they encounter discrimination in public spheres such as in employment services rendered by states, and public accommodation through more accessible design in environment and policy.

Specifically in areas of employment and state services, the ADA codifies that if an individual is otherwise qualified for a position or services, then he or she may request reasonable accommodation from their employer or State. ADA, 42 U.S.C. §§ 12101-12117 (1994).

Reasonable accommodations can mean changing the organization of a position within a company, changing hiring practices that exclude people with disabilities, and/or modifying policies and services to make them more accessible for people with disabilities. Accommodation does not have to be made in all cases as the ADA also states that the accommodations must be reasonable.

If an accommodation causes an “undue hardship” for the entity, such that the modification would require “significant difficulty and expense,” then it would not be considered reasonable. Olmstead v. L.C. 98 US 536, 7.