EEOC News: ADA requires 'reasonable accommodations' for workers

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Lynn Bruner is director of the Equal Employment Opportunity Commission's St. Louis District.|ret||ret||tab|

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Progressive employers both large and small are concerned about the health and wellness of their employees, as well as the impact that employee health has upon productivity. Many assist in providing health benefits to their employees as a matter of routine. |ret||ret||tab|

However, when an employee develops a physical or mental limitation, or when an individual with a physical or mental limitation applies for a job, the employer is faced with a new set of concerns.|ret||ret||tab|

The Americans With Disabilities Act requires employers to provide reasonable accommodation to employees who are covered by the act. |ret||ret||tab|

To be covered, an individual must be substantially limited in one or more major life activities for a substantial period, and must be qualified to perform the essential functions of the job, with or without accommodation.|ret||ret||tab|

Employers often find it difficult to effectively handle an employee's request for reasonable accommodation because there are so many points under the ADA at which mistakes can occur.|ret||ret||tab|

An employee, or prospective employee, has the burden of advising the employer of the need for an accommodation. At that point, the employer is entitled to find out if the individual is covered by the ADA. |ret||ret||tab|

If the individual is covered, the burden then shifts to the employer to discuss the issue with the individual, and engage in an "interactive process" aimed at determining the best accommodation to be provided within the means of the employer. The employer is not required to provide the exact accommodation requested by the individual, although it is reasonable to consider the individual's wishes.|ret||ret||tab|

EEOC does not presume to tell employers what kind of accommodation to provide, since effective accommodations are as varied as jobs. An effective accommodation is one that allows the individual to perform the essential functions of the job while not imposing an undue hardship on the employer. |ret||ret||tab|

Most accommodations can be provided without great expense. In fact, the median cost of accommodations is $240, according to data accumulated by EEOC.|ret||ret||tab|

In addition to the issue of "reasonable accommodation," the ADA also imposes other requirements upon the employer. Among other things, these include requirements related to pre-employment inquiries, medical examinations and retention of medical records.|ret||ret||tab|

Any employer confronted with an ADA-related issue should examine EEOC's guidelines in great detail, and if necessary, seek professional advice. For a basic understanding of ADA requirements, a good place to start is the "The Americans with Disabilities Act: A Primer for Small Businesses." This publication is presented in plain, easy to understand language. It is available on EEOC's Web site at along with EEOC's "ADA Guidelines" and "Title I of the Americans With Disabilities Act."|ret||ret||tab|

In addition to its enforcement role, EEOC has a mandate to provide information and technical assistance to employers to help them stay in compliance. EEOC's Web site contains a wealth of information about nondiscrimination rules and regulations, and is one of the avenues EEOC uses to inform employers on a national level.|ret||ret||tab|

On the local level, the St. Louis District of EEOC, which covers Kansas, Missouri and part of southern Illinois, conducts numerous outreach activities aimed at educating employers. Under one program, district staff conducts personal visits each year to hundreds of small businesses, providing educational information and answering questions.|ret||ret||tab|

Under EEOC's Technical Assistance Program, the district can design and deliver training to employers on any area of the law that will meet the employer's needs. The St. Louis District conducts Technical Assistance Seminars twice a year, addressing specific legal issues in great detail. For more information on the district's training programs, contact the director via email at lynn.bruner@eeoc.gov, or the outreach manager at sharron.blalock@eeoc.gov.|ret||ret||tab|

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