Seven Steps to Reasonable Accommodation
Scope of Coverage

John Patrick Evans

ADA Title I: Employment Provisions

• Qualification Standards
• Employer Domain
• Policies and Procedures e.g.:
  • Drugs/Alcohol
  • Work Place Conduct
  • Equal Opportunity
  • Position Specific Job Description
  • Essential Job Functions
  • Job Related
  • Business Necessity
  • Equally Applied
• Pre-Employment Inquiries
  • Post Notification
  • Voluntary Disclosure
  • Access
  • Effective Communication
  • No Disability Related Questions
  • No Medical Examinations or Related Inquiries
  • Job Related
  • Business Necessity
  • Equally Applied
  • Explain and/or Demonstrate
  • Focus on knowledge, skills and abilities
  • Conditional Job Offer
• Post-offer: Medical Inquires
  • After job offer and before first day of employment
  • Okay to conduct medical reviews or related inquires if:
    • Job Related
    • Business Necessity
    • Equally Applied
    • Reasonable Accommodation
    • Accident or Injury
    • Health and Safety
    • Reported Condition
    • Information collected on separate forms
    • Confidential Files
    • Need-To-Know Only
• Definition of Disability
  • 1st prong of State Definition:
    • Physical or Mental condition that is
      • Diagnosable
      • Cognizable
  • 1st prong of Federal Definition:
    • Physical or Mental impairment that substantially limits a major life activity
    • Individualized assessment
    • Functional limitations
  • 2nd and 3rd prongs same:
    • Exists as a record or history
    • Perceived or regarded
• Qualified Individual with Disability
  • Public Accommodation
    • Otherwise qualified to partake in the covered entities benefits, programs, services or activities.
  • Reasonable Accommodation
    • Otherwise qualified and therefore satisfies the requisites of the job such as education, experience, skills and other job-related requirements
    • perform essential functions with or without reasonable accommodation
• Equal Opportunity Barrier
  • Application and selection process
  • Job performance
  • Receive equal terms, benefits of employment
  • Individualized assessment
  • Interactive process
  • Barrier is disability-related
  • Substantially limits job performance
  • Barrier prevents equal opportunity
  • Case-by-case
• Reasonable Accommodation
  • Access
  • Effective Communication
  • Adjustment or modification to work place
  • Removes disability related barrier
  • Enables equal opportunity
  • Enables job performance
  • Individualized Assessment
  • Interactive & Cooperative
  • Technical assistance as needed
  • Good Faith Effort
  • Undue Hardship
• Undue Hardship
  • Unduly costly
  • Extensive
  • Substantial
  • Disruptive
  • Fundamentally alter the nature or operation of the business
  • Director or designee
  • Written justification
• Direct Threat
  • Health and safety of self or other people
  • OSHA
  • WISHA
  • Job Related
  • Business Necessity
  • Equally Applied
  • High Probability
  • Current and Objective medical evidence
  • Technical Assistance
  • Reduce or alleviate through reasonable accommodations
  • No assumptions or speculations
    • Medical
    • Functional
    • Vocational