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Disability Discrimination and the Law


Generally speaking, a reasonable accommodation allows a disabled employee to perform a job in the same manner as a non-disabled employee.

Exceptions to the "Reasonable Accommodation" Requirement

While the ADA applies to all disabled employees of qualified employers, it does allow employers limited latitude in refusing to accommodate the disabled in the workplace.  First, if the practical aspects of a certain business are such that a job applicant with a particular disability could not perform the job even if the employer made reasonable accommodations, the employer may refuse to hire the applicant. An extreme example of this is a blind person applying for the position of airline pilot. The airline could make every reasonable accommodation to allow a blind person to get around in airports and in its airplanes, and could even provide another employee to travel with the blind person to act as his or her "eyes." But even after all of these accommodations have been made, a blind person cannot be a pilot.  A pilot needs to be able to see, and sight is a job requirement consistent with the pilot's ability to fly safely.  Because sight is a job requirement for a pilot, the airline could refuse to hire an otherwise qualified blind applicant.

An employer may also refuse to accommodate a disabled person if the accommodation that would allow him or her to perform the job is not "reasonable." The ADA recognizes that, even if accommodation of a particular disability is theoretically possible, the expense or difficulty may render the accommodation extremely impractical.  If the employer can show that the necessary accommodation constitutes an undue hardship, the ADA does not require the employer to make the accommodation.

"Undue Hardship" Under the ADA

Determining when an accommodation is an "undue hardship" under the ADA depends on the nature of the disability, the steps required for accommodation, and the employer's particular situation.  Not surprisingly, because of the variety and complexity of factors involved, there are few hard-and-fast rules about what makes an accommodation and undue hardship. Generally, an accommodation becomes an undue hardship when it is extremely difficult to put into place, or very expensive to implement -- based on the financial costs and practicality of the accommodation required, and the employer's financial resources, both at the workplace and overall. The answer may vary from disability to disability, and from employer to employer. Clearly, what is a reasonable accommodation for a large multinational corporation with thousands of employees might be unreasonable for a small local company with limited resources.


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