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Seven Steps to Reasonable
Accommodation
John Patrick Evans
ADA Title
I: Employment Provisions
Scope of
Coverage
- 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
- 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
WROCC@WOU
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