Reasonable Accommodation

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Q: I understand that employers may be required to offer reasonable accommodations to hearing-impaired applicants and employees. When are accommodations required?  What kind of accommodations must employers offer?

A: The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. In the context of a job application, an accommodation is considered to be reasonable if it enables an applicant with a disability to have an equal opportunity to apply for and be considered for a job.  In the context of employment, an accommodation is considered to be reasonable if it enables an employee to perform the essential functions of the position.
Continue Reading Accommodations May Be Needed for Hearing-Impaired Job Applicants and Employees

Q: How long does an employer have to accommodate an employee’s disability in the form of a leave of absence?

A: The law in most jurisdictions is unclear. In fact, in most jurisdictions, including Pennsylvania, New Jersey, and New York, there is no bright line rule as to the length of leave time that is reasonable under the ADA.  Typically courts look at the surrounding circumstances to determine whether the amount of time off is a “reasonable accommodation” and have held that leaves longer than three months were required in some circumstances as a reasonable accommodation.
Continue Reading When is Enough, Enough? Limiting Leave as a Reasonable Accommodation under the ADA

You may have seen a recent news item about a woman who claims her supervisor told her to “change your bra, or you don’t have a job.”  No, this is not one more episode of sexual harassment in the workplace.  Instead, it is a somewhat awkward, perhaps amusing (at least for those not involved), definitely unique workplace situation – another example of why being an HR professional is never boring.  …
Continue Reading “Lose Your Bra or Lose Your Job”