Facebook, Twitter, LinkedIn, YouTube, RSS, EmailFacebookTwitterLinkedInYoutubeRSS News FeedEmail


ADA - Unreasonable Accommodation

by The Human Equation, Inc. on 11/13/2008
Facebook, Twitter, LinkedIn, Google+, YouTube, RSS Facebook Twitter Linkedin Google+ YouTube RSS

One of my employees has asked that an accommodation be made for the employee's legally recognized disability. If no reasonable accommodation exists for this employee, does the Americans with Disabilities Act (ADA) require that I accommodate the employee anyway, even with an unreasonable accommodation?

No. The ADA, which prohibits discrimination against qualified individuals with a disability, generally requires covered employers to provide a "reasonable accommodation" to such individuals so they can actively participate in the workforce. Although the phrase "reasonable accommodation" is not specifically defined in the ADA, it may include the act of making existing facilities used by employees readily accessible to and usable by individuals with disabilities also. Employers are required to participate in an interactive process with disabled individuals to determine what, if any, accommodation(s) can be made. If, after participating in the interactive process and considering all possible reasonable alternatives, it is determined that no reasonable accommodation exists, then the employer cannot be found liable for failing to accommodate the disabled individual.

However, whether or not an accommodation is considered "reasonable" under law is highly fact-specific and usually determined on a case-by-case basis. Therefore, employers need to make absolutely certain that no reasonable accommodation exists before refusing a request by an employee with a disability.

Tags: , ,
Categories: 2008

Add comment

  • Comment
  • Preview

  privacy policy
The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

Refer to friendRefer to friend

Permission to ReprintPermission to Reprint

Contact a Subject Matter ExpertContact an Expert

Subscribe to Our NewsletterSubscribe to Our Newsletter


© 2019 - The Human Equation, Inc. All rights reserved. - Privacy Policy - Disclaimer -
Follow us on Facebook.comFollow us on Twitter.comFollow us on Linkedin.comFollow us on YouTube.comSubscribe to our RSS FeedSend us an email
Subscribe to our newsletter
900 South Pine Island Road, Suite 300 - Plantation, FL 33324 - Phone: 800-521-9667 / 954-382-0030 - Fax: 954-382-2810