This Guidance examines what "reasonable accommodation" means and who is entitled to receive it.
The Guidance addresses what constitutes a request for reasonable accommodation, the form and substance of the request, and an employer's ability to ask questions and seek documentation after a request has been made.
Under the law, EEOC must provide reasonable accommodation to qualified employees or applicants with disabilities, unless to do so would cause undue hardship.
EEOCs Procedures fully comply with the requirements of the Rehabilitation Act of 1973.
In passing the Americans with Disabilities Act (ADA) in 1990, Congress attempted to level the playing field for disabled workers.
The ADA requires employers to make reasonable accommodations so that workers with disabilities can secure and retain employment.
The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25, 2008 and becomes effective January 1, 2009.
Because this law makes several significant changes, including changes to the definition of the term "disability," the EEOC will be evaluating the impact of these changes on this document and other publications. 12112 (b)(5)(A) (1994) (it is a form of discrimination to fail to provide a reasonable accommodation "unless such covered entity can demonstrate that the accommodation would impose an undue hardship . A disability can be either permanent (for example, a hearing or mobility impairment) or temporary (for example, a treatable illness or temporary impairment that is the result of an accident).A disability can also be visible (for example, a wheelchair or white cane indicates the person has a disability) or invisible (for example, a mental illness)."Undue Hardship" Under the ADA "Undue hardship" under the ADA means "significant difficulty or expense" for the employer.Factors the employer may consider in weighing undue hardship include: The standards for reasonable accommodation and undue hardship have proven difficult for courts to identify and apply uniformly. Time Frame for Processing Requests and Providing Reasonable Accommodations (including expedited processing and extenuating circumstances) G. Relation of Procedures to Statutory and Collective Bargaining Claims K.