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Go to https://www.ada.gov/pools_2010.htm for more information, or contact the ADA National Network at 1-800-949-4232.
For additional information, take a look at the following resources:
Fact Sheet: Accessible Lodging
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The individual with a disability requiring the accommodation must be otherwise qualified, and the disability must be known to the employer. In addition, an employer is not required to make an accommodation if it would impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Undue hardship is determined on a case-by-case basis. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer with fewer resources.
If a particular accommodation would be an undue hardship, the employer must try to identify another accommodation that will not pose such a hardship. Also, if the cost of an accommodation would impose an undue hardship on the employer, the individual with a disability should be given the option of paying that portion of the cost which would constitute an undue hardship or providing the accommodation.
For additional information, take a look at the following resources:
FAQ: What is considered an "undue hardship" for a reasonable accommodation?
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The U.S. Department of Justice issued revised Americans with Disabilities Act (ADA) regulations that took effect on March 15, 2011. Under the revised ADA regulations, public and commercial facilities such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities must permit service animals to accompany people with disabilities in all areas where members of the public are allowed to go. Private businesses and government agencies must make reasonable modifications of policy and procedure to allow miniature horses trained to act as a service animal as well, when reasonable. A service animal is a working animal; not a pet. An example of a task a service animal can perform is providing a safety check or a room search for a person with Post Traumatic Stress Disorder (PTSD).
Under Title I of the ADA, the employment section, there is no definition of "service animal." A service animal in the workplace is just like any other reasonable accommodation in the workplace and may not necessarily be defined by the regulations as stated in Title II and III regulations.
For additional information, take a look at the following resources:
FAQ: What if a service animal barks or growls at other people, or otherwise acts out of control?
FAQ: How can I tell if an animal is really a service animal and not just a pet?
Service Animals, Small Business, and Other Public Accommodations
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On or after March 15th, 2012 all newly constructed or altered facilities must comply with the requirements in the 2010 ADA Standards. If elements in existing facilities already comply with the 1991 ADA Standards and are not being altered, entities are not required to make changes to those elements to bring them into compliance with the 2010 ADA Standards.
For Title II entities, if the start date for construction is on or after March 15, 2012, all newly constructed or altered State and local government facilities must comply with the 2010 ADA Standards.
For businesses that are covered under Title III, the compliance date for the 2010 ADA Standards for new construction and alterations is determined by:
- the date the last application for a building permit or permit extension is certified to be complete by a State, county, or local government;
- the date the last application for a building permit or permit extension is received by a State, county, or local government, where the government does not certify the completion of applications; or
- the start date of physical construction or alteration, if no permit is required.
If that date is on or after March 15, 2012, then new construction and alterations must comply with the 2010 ADA Standards.
Source: http://www.ada.gov/revised_effective_dates-2010.htm.
For additional information, take a look at the following resources:
FAQ: What does the ADA require in new construction?
Fact Sheet: Opening Doors to Everyone
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The Department of Transportation has issued regulations mandating accessible public transit vehicles and facilities. The regulations include requirements that all new fixed-route, public transit buses be accessible and that supplementary paratransit services be provided for those individuals with disabilities who cannot use fixed-route bus service.
49 CFR Part 38 – Americans with Disabilities Act Accessibility Specifications for Transportation Vehicles
https://www.law.cornell.edu/cfr/text/49/part-38
49 CFR Part 37-Transportation Services for Individuals with Disabilities (ADA)
https://www.law.cornell.edu/cfr/text/49/part-37
For additional information, take a look at the following resources:
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All alterations that could affect the usability of a facility must be made in an accessible manner to the maximum extent feasible. For example, if during renovations a doorway is being relocated, the new doorway must be wide enough to meet the new construction standard for accessibility.
When alterations are made to a primary function area, such as the lobby of a bank or the dining area of a cafeteria, an accessible path of travel to the altered area must also be provided.
The bathrooms, telephones, and drinking fountains serving that area must also be made accessible. These additional accessibility alterations are only required to the extent that the added accessibility costs do not exceed 20% of the cost of the original alteration. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the professional office of a health care provider; a terminal, depot, or other public transit station; or an airport passenger terminal.
See the 2010 ADA Standards for Accessible Design for more information regarding alterations: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm
For additional information, take a look at the following resources:
FAQ: If I am doing a renovation on a hotel, how many guest rooms need to be accessible?
Fact Sheet: Overview of the 2010 Standards for Accessible Design
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[Captioned Video – 1:43 min.]
Essential functions are the basic job duties.
ADA Regulations say that the following things should be taken into consideration when determining whether a job function is essential:
- The employer’s judgment about which functions are essential;
- Job descriptions that were written before a job was posted;
- The amount of time spent performing the function;
- The consequences of not requiring the person to perform the function;
- The terms of a collective bargaining agreement; and
- The work experience of others who have had, or currently hold, the same or similar positions.
For additional information, take a look at the following resources:
Fact Sheet: Reasonable Accommodations in the Workplace
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Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs. Reasonable accommodation also may include reassigning a current employee to a vacant position for which the individual is qualified, if the person is unable to do the original job because of a disability even with an accommodation. However, there is no obligation to find a position for an applicant who is not qualified for the position sought. Employers are not required to lower quality or quantity standards as an accommodation; nor are they obligated to provide personal use items such as glasses or hearing aids.
The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principal test is that of effectiveness, i.e., whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability. However, the accommodation does not have to ensure equal results or provide exactly the same benefits.
For additional information, take a look at the following resources:
FAQ: What is considered an "undue hardship" for a reasonable accommodation?
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A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, amusement parks, private schools, and day care centers. Private clubs and religious organizations are exempt from the ADA's title III requirements for public accommodations.
For additional information, take a look at the following resources:
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An employee with a disability who has been granted medical leave under the ADA may return to the same job unless the employer demonstrates that holding the job open would cause undue hardship to the business or organization. If an employer has the reasonable belief that an employee will be unable to continue performing essential job functions, or will pose a significant risk to the health or safety of their self or other employees due to a medical condition, the employer may make disability-related inquiries or require the employee to have a medical examination. Any inquiry or examination must be limited to what is needed to assess the employee's ability to work. The employer may not use the employee's leave as a justification for making unrelated inquiries or requiring an unrelated medical examination.
An employee may have also been granted medical leave under the Family Medical Leave Act (FMLA). In this case, an employee has a right to return to the same or similar job after his/her leave has expired. The FMLA allows employers to require a return-to-work certification from a health provider for all medical leaves, as long as the same requirement is applied to all employees with similar job positions who are returning from leave, not just those on FMLA leave.
The FMLA and the ADA both require a covered employer to grant medical leave to an employee in certain circumstances. For more information go to: http://www.eeoc.gov/policy/docs/fmlaada.html.
For additional information, take a look at the following resources:
FAQ: What is considered an “undue hardship” for a reasonable accommodation?
Fact Sheet: Work-leave, the ADA, and the FMLA
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