Employment Law Information

The phrase “reasonable accommodations” is left intentionally ambiguous. The Americans with Disabilities Act (ADA) specifies that an employer must make “reasonable accommodations” for employees with disabilities both mental and physical; however, exactly what that entails is unclear.

As specified by the ADA, an employer is not required to make any accommodations that cause them “undue hardship.” Primarily, this hardship would take the form of a monetary investment. When assessing whether or not an accommodation will cause them “undue hardship,” employers consider the following:

• The net cost of the accommodation

• The business’ available financial resources and how the accommodation will effect expenses and resources for other employees

• The size of the business, the number of employees, and the number, type, and location of facilities

• The overall impact of the accommodation on the business, including its impact on other employees’ performance

After considering the following, an employer may or may not make the requested accommodation based on the impact it will have on the company.

Examples

It may be easier to understand what is considered “reasonable” versus “unreasonable” in the eyes of an employer if you learn of some examples. The following scenarios are hypothetical, but are aimed to help you better understand what you are entitled under the ADA.

Reasonable

• Making a building’s pathways and sidewalks easily accessible for employees in a wheel chair

• Provide a large button phone for an individual with poor eyesight

• Modify schedule to allow a diabetic to eat regularly during their shift

• Providing a deaf employee with a TTY device instead of a phone

• Installing a ramp for wheelchairs to enter of the business

Unreasonable

• Installing an elevator in a building that is “grandfathered” in and is not legally required to have one

• Hiring an interpreter to aid a deaf person while at work

• Lowering worker expectations because of a handicap

• Reducing responsibilities for a disabled worker if it disrupts operations

Expenses

In most cases, employers who hire disabled workers do not spend a substantial amount of money. In fact, 31% of employers have made reasonable accommodations without any cost to the business, while 60% paid less than $1000. Only 11% of employers paid for accommodations that cost between $1,000 and $5,000, and less than 1% of employers paid more than $5,000.

For more information on how to determine reasonable versus unreasonable accommodations, contact the San Antonio employment lawyers of Melton & Kumler, LLP.

Joseph Devine

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