Reasonable Accommodation Under the ADA

As many observers expected when the Americans with Disabilities Act became law, employers have faced numerous court cases regarding the matter of appropriate accommodations for disabled workers under the law. The difficulty is that no consensus has emerged on the various interpretations of that law. Three particular areas of concern and disagreement have emerged, namely, how the accommodation request is made, how to handle reassignments, and whether to permit telecommuting as a substitute to working on premises. Several federal circuit courts have determined that the employer must respond to an employee's request in virtually any form, while others have stated that the employee must be specific in requesting an accommodation for disability. In two circuits, the employee must show some evidence of disability. The case law governing reassignment also varies by circuit, but in general a disabled employee who is being transferred would be given priority over prospective hires for the same position. The work of existing employees is not to be increased as a consequence of the ADA. Finally, telecommuting has thus far not found favor in most courts, but an employer who permits telecommuting for some employees will find it difficult to claim hardship for a worker who seeks to telecommute under the ADA's provisions. The courts have been most supportive of employers who have made a specific, fact-based determination regarding an employee's request for accommodation. By focusing directly on the situation at hand, an employer can document the particulars of an ADA request, regardless of whether the employee is satisfied by the employer's determination.