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ABA Family Legal Guide

Law and the Workplace

The Hiring Process

Is an employer's obligation to provide an accommodation unlimited?

No. The ADA only requires the employer to provide reasonable accommodations that do not cause undue hardship. The law specifically lists what factors should be considered in determining undue hardship:

  • The nature and cost of the accommodation needed
  • The overall financial resources of the facility involved, including the number of persons employed at the facility, the effect on expenses and resources of the facility, and the impact on the operation of the facility
  • The overall financial resources of the employer as a whole, including the overall size of the business
  • The type of operation of the employer, including the composition, structure, and function of the workforce and the relationship of the facility in question to the employer as a whole

    Whether an accommodation causes an undue hardship is determined on a case-by-case basis. An accommodation that would violate a bona fide seniority system is not "reasonable."

    Examples of Reasonable Accommodations

    The following are examples of the actions an employer may be required to take to provide a reasonable accommodation:

  • Making existing facilities readily accessible
  • Restructuring the job
  • Modifying work schedules or making a job part-time
  • Modifying equipment
  • Providing readers or interpreters

    Employers are not required to provide equipment or devices primarily for personal use, such as corrective glasses, hearing aids, or wheelchairs. Whether a particular employer is required to provide a specific accommodation will depend on whether providing it will cause undue hardship.

  • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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