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No. An employer is not required to reallocate essential functions of a job as a reasonable accommodation.
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Yes. Accommodations may be needed to assure that tests or examinations measure the actual skills, aptitudes, or other factors the test purports to measure rather than reflect limitations caused by the disability. Tests should be given to people who have sensory, speaking, or manual impairments in a format that does not require the use of the impaired skill, unless it is a job-related skill that the test is designed to measure.
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FAQ: Does the ADA require that an applicant or employee with a disability be qualified for the position?
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Yes. However, if a requirement screens out or tends to screen out individuals with disabilities, it may only be used if necessary for the provision of the services. For instance, it would be a violation for a retail store to have a rule excluding all deaf persons from entering the premises, or for a movie theater to exclude all individuals with cerebral palsy. More subtle forms of discrimination are also prohibited. For example, requiring presentation of a driver's license as the sole acceptable means of identification for purposes of paying by check could constitute discrimination against individuals with vision impairments if the use of an alternative means of identification is available.
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“Readily achievable” means "easily accomplished without much difficulty or expense." The obligation for barrier removal is ongoing, which means a business must continue to evaluate existing barriers to determine if the barrier removal is readily achievable. In order to identify barriers in a facility, a business or non-profit should conduct an accessibility evaluation.
Determining what is “readily achievable” is made by each business on a case-by-case-basis based on the size and resources of the business. First, facilities should be assessed to determine what architectural barriers exist. Second, the costs of barrier removal should be documented and barrier removal priorities and timelines established. Third, this information can be used to create a "barrier removal plan." For more information on barrier removal for small businesses, go to the ADA UPDATE: A PRIMER for SMALL BUSINESS. .
Further technical assistance is available through the ADA National Network at 1-800-949-4232.
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FAQ: What is considered an "undue hardship" for a reasonable accommodation?
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Not necessarily. Because Title I is about employment, a person must meet the definition of disability and must also be qualified for the job. There are two components to being qualified. First, you need to have the skill, experience, education, and other job-related requirements for the position. For example, it’s legal for an employer to require that a person applying for the job of a foreign language translator be able to translate a foreign language.
The other component of being qualified, in terms of employment, is that you must be able to perform the essential functions of the job, with or without reasonable accommodation. In other words, getting a reasonable accommodation could make you qualified for the job. For example, a person who is deaf may be qualified to the perform the essential functions of a customer service representative once s/he receives the opportunity to use a video relay service and specialized computer software as a reasonable accommodation.
For additional information, take a look at the following resources:
FAQ: What is the definition of disability under the ADA?
Fact Sheet: Reasonable Accommodations in the Workplace
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Yes. The ADA does not require modifications that would fundamentally alter the nature of the services provided by the public accommodation.
For additional information, take a look at the following resources:
FAQ: What is considered an "undue hardship" for a reasonable accommodation?
Fact Sheet: Reasonable Accommodations in the Workplace
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Yes. Barrier removal needs to be accomplished only when it is "readily achievable" to do so, which means means "easily accomplishable and able to be carried out without much difficulty or expense."
For additional information, take a look at the following resources:
FAQ: What does the term "readily achievable" mean?
Fact Sheet: Small Business and ADA Readily Achievable Requirements
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Yes. The ADA does not require the provision of any auxiliary aid that would result in an undue burden or in a fundamental alteration in the nature of the goods or services provided by a public accommodation. However, the public accommodation is not relieved from the duty to furnish an alternative auxiliary aid, if available, that would not result in a fundamental alteration or undue burden. Both of these limitations are derived from existing regulations and case law under section 504 of the Rehabilitation Act and are to be determined on a case-by-case basis.
For additional information, take a look at the following resources:
FAQ: What kinds of auxiliary aids and services are required by the ADA to ensure effective communication?
FAQ: What is considered an "undue hardship" for a reasonable accommodation?
Fact Sheet: Effective Communication
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Yes, the ADA definition of disability includes mental, as well as physical, impairments.
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They may be. While a current illegal user of drugs is not protected by the ADA if an employer acts on the basis of such use, a person who currently uses alcohol is not automatically denied protection. Alcohol use disorder is an impairment, and if it substantially limits a major life activity (e.g., learning, concentrating, interacting with others, caring for oneself) it will constitute a disability. A person with alcohol use disorder may be person with a disability and protected by the ADA if they are qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to a person with alcohol use disorder (e.g. a flexible schedule to enable the employee to attend counseling appointments).
However, an employer can discipline, discharge or deny employment to a person with alcohol use disorder whose use of alcohol adversely affects job performance or conduct. An employer also may prohibit the use of alcohol in the workplace and can require that employees not be under the influence of alcohol.
For additional information, take a look at the following resource:
Fact Sheet: The ADA, Addiction and Recovery
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