Reasonable Accommodation In The Workplace Under the American with Disabilities Act (ADA)

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Reasonable Accommodation in the Work Place Under ADA      There may be as many as one thousand different disabilities that affect over forty-three million Americans. Of all the laws and regulations governing the treatment of those Americans the American with Disabilities Act (ADA) is the most recent major law. It was passed in 1990 and although it is spelled out in a technical ADA manual that is several hundred pages in length. Two of ADA's two major sections, Titles II and III concern the operation of state and local government and places of public accommodation. They require new public and commercial facilities to be accessible to people with disabilities. Modifications to existing facilities need…show more content…
Essential functions are those duties that each person in a certain position must do or must be able to do to be an effective employee. Marginal functions are duties that are required of only some employees or are not critical to job performance. The ADA requires that employers make decisions about applicants with disabilities solely on the basis of their ability to perform essential job functions.      Reasonable accommodations are the actions taken to accommodate the known disabilities of applicants or employees so that disabled persons can enjoy equal employment opportunities. Since it is not generally acceptable for a potential employer to ask about a disability or conduct test such as HIV test to look for disabilities, it is the responsibility of the applicant or employee to inform the employer of the disability and needed accommodation. At that point the employer must make "reasonable accommodation for the known disability. An employer may not deny employment in order to avoid providing the reasonable accommodation unless it would cause an undue hardship. Even then the applicant or employee should be given the option of providing accommodation himself. The employment provisions began to be enforced for business with 25 or more employees on July 26, 1992. This
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