ADA and Reasonable Accommodation
15+
Employees
Employer coverage threshold
1990
Year Enacted
Amended 2008 by ADAAA
3
Key Tests
Qualified individual with disability
What the ADA Protects
The ADA protects qualified individuals who have a disability, defined as a physical or mental impairment that substantially limits major life activities such as seeing, hearing, walking, breathing, learning, concentrating, or working.
Disability (Three-Prong Definition)
A physical or mental impairment that substantially limits one or more major life activities (prong 1), a record of such impairment (prong 2), or being regarded as having such an impairment (prong 3). The ADAAA of 2008 broadened the interpretation significantly.
Qualified Individual
A person who meets the skill, experience, education, and other job-related requirements of the position and can perform the essential functions with or without reasonable accommodation. If the person cannot do the job at all, the ADA does not require hiring or retaining them.
Essential Functions
The fundamental duties of the position. Marginal functions (tasks that are nice to have but not core to the role) cannot be used to screen out individuals with disabilities. The employer’s written job description, prepared before advertising or interviewing, is evidence of essential functions.
The Interactive Process
When an employee requests accommodation (in any form, no specific words required), the employer must engage in a good-faith interactive process to identify an effective accommodation. Failure to engage is itself an ADA violation, even if a reasonable accommodation existed that the employer never explored.
The Interactive Process Flow
Request
Employee indicates a need (no magic words required)
Analyze
Identify the essential functions of the job
Consult
Discuss with the employee what limitations exist and what could help
Identify
Explore possible accommodations and assess effectiveness
Implement
Select and provide the accommodation. Document everything.
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Practice questions on the interactive process, undue hardship, and essential functions with instant feedback
Practice ADA QuestionsExamples of Reasonable Accommodation
Modified work schedule or shift change
Accessible or modified workspace and equipment
Reassignment to a vacant position
Additional unpaid leave beyond FMLA
Job restructuring (removing marginal functions)
Providing readers, interpreters, or assistive technology
Telework and remote work arrangements
Modified policies (dress code, break schedule)
Not Considered Reasonable
Eliminating an essential function, lowering production standards, providing personal use items (glasses, hearing aids for daily life), or creating a new position. The accommodation must relate to the job and its environment, not the employee’s personal needs.
Exam Traps
the interactive process is the #1 trap areaUndue hardship is relative to the WHOLE company
When evaluating whether an accommodation causes undue hardship, the standard looks at the entire organization, not just the department or branch. A multi-billion-dollar company will have a much harder time proving undue hardship than a 20-person business.
The employer picks the accommodation, not the employee
An employee may request a specific accommodation, but the employer is free to choose any effective alternative. If three accommodations would work, the employer selects the one they prefer. The accommodation must be effective, but it does not have to be the employee's first choice.
No magic words are needed to request accommodation
An employee does not need to say "ADA" or "reasonable accommodation" to trigger the employer's obligation. If an employee says something like "I'm having trouble at my desk because of my back," that is enough to start the interactive process.
Drug testing is permitted under the ADA
Current illegal drug use is not a protected disability. Employers can test for illegal drugs and take action based on positive results. However, recovered addicts and people in treatment programs may be protected. Alcoholism is a disability, but the employer can still hold the employee to the same performance standards.
ADA vs FMLA Leave
FMLA gives a set 12 weeks. ADA leave is open-ended as a reasonable accommodation, but only if it does not cause undue hardship. When FMLA runs out, the ADA may still require additional unpaid leave. Two separate analyses.
The Interactive Process
The interactive process. Must engage. Not engaging = violation. The process itself is mandatory even if no accommodation is ultimately possible.
An employee walks in and says "I need a different desk." The first question is not about the desk. It is "Can this person do the job?" If yes, proceed.
The employer and employee sit down together. They discuss what is limiting the employee and what changes could help. This is the interactive process. Skipping this conversation is itself a violation.
Maybe a standing desk works. Maybe a modified schedule. Maybe reassignment to a vacant position. The employer explores reasonable options and picks one. It does not have to be the fanciest option, just an effective one.
If every possible accommodation would cause significant difficulty or expense for the whole company (undue hardship), the employer can decline. But the bar for undue hardship is high, especially for large employers.
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