Example: An agency has two data processors. Typing on the computer is an essential function, the use of the phone is marginal. If a qualified data processor had a speech disability, it would be reasonable to assign the function of using the phone to the employee without speech impairment in exchange for that employee`s submission. Example A: A salesperson took five months of vacation as adequate accommodation. The company compares the sales records of all sales reps over a one-year period, and any employee whose revenue falls more than 25% below the median sales performance of all employees is automatically laid off. The employer dismisses the vendor because he fell below the required performance standard. The company did not consider that the reason for its poor commercial performance was its five-month leave; nor did it assess its productivity during the period in which it worked (i.e. proportionally its productivity). No. The ADA requires an employer to take reasonable precautions to remove barriers in the workplace, regardless of the effect that medications, other medical treatments, or aids may have on an employee`s ability to perform the work.

(106) Example A: An employee`s spouse calls the employee`s supervisor on Monday morning to inform him that the employee has had a medical emergency due to multiple sclerosis, had to be hospitalized and therefore needs a break. This discussion is a reasonable request for accommodation. Once an employee has disclosed a disability to their supervisor or human resources, it is important to initiate an appropriate adjustment process that the employer has put in place. Disclosure usually takes the following form: Due to my disability, I have problems with X work obligations or employment benefits or privileges. If an employee discloses that they have a disability without also saying that it has an impact on their work, it is usually not enough to start the placement process. Disclosure of persons with disabilities should never be ignored. Unequal treatment (compared to reasonable precautions) Yes. An employer may be required to provide a temporary employment coach to assist in the training of a qualified person with a disability as a reasonable accommodation, provided that unreasonable hardship does not occur. An employer may also be required to allow an employment coach paid by a public or private social service organization to accompany the employee to the construction site, according to the appropriate arrangements. An employer may ask an employee with a known disability if they need adequate accommodation if they reasonably believe that the employee needs accommodation. For example, an employer may ask a deaf employee who is sent on a business trip if they need reasonable accommodation.

Or, if an employer is planning a lunch at a restaurant and is unsure of the questions to ask to ensure that the restaurant is accessible to a wheelchair employee, the employer may first ask the employee. An employer may also ask an employee with a disability who has performance or behavioural problems if they need reasonable accommodation. (110) No. If an employee with a disability requires additional leave without pay as a reasonable accommodation, the employer must amend its leave policy “through no fault of the employee” to grant the additional leave, unless the employer can prove that: (1) there is another effective provision that would allow the person to perform the essential duties of his or her position, or (2) the granting of additional leave causes unreasonable hardship. dignity. Changes to workplace policies, including leave policies, are a form of reasonable accommodation. (50) Example A: An experienced chef in a large restaurant requests leave to treat his disability, but cannot specify a fixed return date. The restaurant can prove that this request is an unreasonable constraint, as it is difficult to replace a chef of this caliber, even temporarily. In addition, the employer cannot determine how long the position is open or schedule the absence of the boss. Therefore, the restaurant may refuse the request for leave as adequate accommodation.

Parking is considered an advantage of employment. Under the ADA, employers must make reasonable arrangements to allow workers with disabilities to receive equal benefits. Thus, if an employer offers parking to all employees, it must offer parking to workers with disabilities, unless it would constitute an unreasonable difficulty. A more difficult question is whether an employer should provide parking for employees with disabilities if it does not offer parking to other employees. One. Do employers have to change full-time jobs for part-time accommodations under the ADA? In US Airways, Inc. v. Barnett, 535 U.S., 122 p. Ct. 1516 (2002), the Supreme Court established the burden of proof for a person with a disability (applicant) and an employer (respondent) in a lawsuit alleging that reasonable accommodation had not been put in place. The “plaintiff/employee (to dismiss a defendant/employer`s application for summary judgment) only has to prove that a “concession” seems reasonable at first glance, i.e. normally or in the course of business”.

(125) Once the applicant has demonstrated that the accommodation required is “adequate”, the burden is transferred to the respondent/employer in order to provide specific evidence in the event that reasonable accommodation would cause unreasonable hardship in the particular circumstances. (126) Such a sanction by the seller constitutes retaliation and a reasonable refusal to accommodate. .