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

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Modified January 2006© WROCC at WOU • All rights reserved
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