12.7 ADA-Reasonable Accommodation refers to the process of providing an employee with necessary modifications and adjustments in order to ensure that they can perform their job duties. This process is governed by the Americans with Disabilities Act (ADA), which requires employers to make reasonable accommodations for individuals with disabilities. Types of reasonable accommodation may include changes to the work environment, job restructuring, provision of assistive technology, and providing a reasonable amount of time off for medical treatment. Reasonable accommodation also includes providing an employee with the necessary tools and resources to perform their job duties.
12.7 ADA-Reasonable Accommodation
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US-JURY-9THCIR-12-7
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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FAQ
A reasonable accommodation is any change to the application or hiring process, to the job, to the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities.
Plaintiff has the initial burden of proving that: 1. she has a disability; 2. defendant knew, or should have known, of her disability; 3. the accommodation "may be necessary to afford her equal opportunity to use and enjoy" her dwelling; 4.
Providing an assistant as needed may be a reasonable accommodation for a person with a disability, if this does not impose an undue hardship. Examples include: An assistant may be needed to retrieve items on shelves, file, or selectively assist a person with quadriplegia with other clerical duties.
Examples of reasonable accommodations include: modifying a workspace to make it wheelchair accessible, providing screen reading software, or adjusting an employee's work schedule to accommodate medical appointments. Employer does not provide accommodations of a personal nature, such as eyeglasses or hearing aids.
Accessibility is the baseline of equal service, and accommodation is the second step to take when accessibility alone isn't enough. Or to put it even more simply, accommodations are reactive solutions to address special cases. Accessibility is a proactive solution to providing equal access for all.
Acquiring or modifying equipment or devices such as adjusting a desk height to accommodate an employee who uses a wheelchair or providing an employee with quadriplegia a mouth stick device to type on their computer.
The ADA prohibits discrimination based on disability. Under the ADA, it is illegal to discriminate against someone because of their disability. For example, a fitness center could not exclude a person who uses a wheelchair from a workout class because they cannot do all of the exercises in the same way.