Employers’ Practical Guide to 

Reasonable Accommodation 

Under the Americans with 

Disabilities Act 

Accommodation and Compliance Series
Practical Solutions • Workplace Success 

2 

Preface 

The Job Accommodation Network (JAN) is a service of the Office of Disability 

Employment Policy of the U.S. Department of Labor. JAN makes documents available 

with the understanding that the information be used solely for educational purposes. 

The information is not intended to be legal or medical advice. If legal or medical advice 

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contacting product manufacturers/vendors and service providers directly to ensure that 

they meet the intended purposes. This guarantees that the most up-to-date information 

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105 of the Copyright Law provides that no copyright protection is available for works 

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For further information regarding this or any other document provided by JAN, please 

contact JAN. 
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3 

EMPLOYERS’ PRACTICAL GUIDE TO REASONABLE ACCOMMODATION UNDER 

THE AMERICANS WITH DISABILITIES ACT 

Introduction 

The Job Accommodation Network (JAN) is a free service of the U.S. Department of 

Labor’s Office of Disability Employment Policy. JAN consultants have been providing 

job accommodation information to employers since 1983 when JAN was founded. In 

addition, JAN consultants have been providing information to employers about the 

Americans with Disabilities Act (ADA) since 1992 when the ADA went into effect. Over 

the years, JAN consultants have developed practical ideas to help employers provide 

job accommodations and comply with the ADA. The Employers’ Practical Guide to 

Reasonable Accommodation under the Americans with Disabilities Act is a summary of 

some of the most frequent issues that employers have regarding accommodations and 

ADA compliance and JAN’s practical ideas for resolving them. As new information is 

available or new issues develop, the Guide will be updated to reflect the changes. If 

you have an issue that is not addressed in the Guide or if you want to discuss an issue 

in more detail, please call JAN. 
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TABLE OF CONTENTS 

I. ADA BASICS 

What is the ADA? 

Who must comply with Title I of the ADA? 

Who is protected by Title I of the ADA? 

What is a reasonable accommodation? 

II. REASONABLE ACCOMMODATIONS FOR APPLICATIONS AND JOB 

INTERVIEWS 

A. Job Advertisements and Applications 

B. Job Interviews 

C. Post Job Offer 

III. REASONABLE ACCOMMODATION FOR EMPLOYEES 

A. Policies and Procedures 

B. Accommodation Requests 

C. Determining Effective Accommodations 

D. Accommodation Issues 

1. Work-site Accessibility 

2. Job Restructuring 

3. Modified Work Schedules and Leave 

4. Modified Policies 

5. Equipment and Services 

IV. REASONABLE ACCOMMODATION FOR EMPLOYEES ON LEAVE AND 

FORMER EMPLOYEES 

A. Health and Disability Insurance 

B. Bonuses and Promotions 

C. Reductions in Force and Layoffs 
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I. ADA BASICS 

This section provides answers to basic questions about the ADA. Most of the answers 

come from formal and informal guidance from the Equal Employment Opportunity 

Commission (EEOC), the federal agency that enforces the ADA. When available, links 

to the EEOC guidance are provided. 

What is the ADA? 

The ADA is a federal civil rights law that was passed in 1990 and went into effect 

beginning in 1992. Its purpose is to protect people with disabilities from discrimination in 

employment, in the programs and activities offered by state and local governments, and 

in accessing the goods and services offered in places like stores, hotels, restaurants, 

football stadiums, doctors’ offices, beauty parlors, and so on. The focus of this guide is 

Title I of the ADA, which prohibits discrimination in employment and requires employers 

to provide reasonable accommodations for employees with disabilities. 

For more information about the ADA, see the ADA Handbook at 

http://askjan.org/media/adahandbook/handbook.html. 

For a copy of Title I of the ADA, see http://www.eeoc.gov/policy/ada.html. 

Who must comply with Title I of the ADA? 

Only “covered entities” must comply with Title I of the ADA. The term covered entities 

includes employers with 15 or more employees, employment agencies, labor 

organizations, and joint labor-management committees. For simplicity, this guide will 

refer to covered entities as “employers.” 

For more information about covered entities, see 

http://www.eeoc.gov/policy/docs/threshold.html#2-III-B. 

Who is protected by Title I of the ADA? 

Title I protects “qualified employees with disabilities.” The term qualified means that the 

individual satisfies the skill, experience, education, and other job-related requirements 

of the position sought or held, and can perform the essential job functions of the 

position, with or without reasonable accommodation. 

For additional information about the definition of qualified, see 

http://askjan.org/links/ADAtam1.html#II. 

The term employee means, "an individual employed by an employer." The question of 

whether an employer-employee relationship exists is fact-specific and depends on 

whether the employer controls the means and manner of the worker's work 

performance. 
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For additional information about the definition of employee, see 

http://www.eeoc.gov/policy/docs/threshold.html#2-III-A-1. 

 

The term disability means: (1) a person who has a physical or mental impairment that 

substantially limits one or more major life activities, (2) a person with a record of a 

physical or mental impairment that substantially limits one or more major life activities, 

and (3) a person who is regarded as having a physical or mental impairment that 

substantially limits one or more major life activities. 

For additional information about the definition of disability, visit How to Determine 

Whether a Person has a Disability under the Americans with Disabilities Act (ADA) at 

http://askjan.org/corner/vol02iss04.htm. 

On September 25, 2008, the ADA Amendments Act (ADAAA) was passed. This Act 

changes the interpretation of the definition of disability. For additional information on the 

ADAAA, visit Accommodation and Compliance Series: The ADA Amendments Act of 

2008, at http://askjan.org/bulletins/adaaa1.htm. 

The term essential job functions means the fundamental job duties of the employment 

position that the individual with a disability holds or desires. The term essential functions 

does not include marginal functions of the position. 

For additional information about essential functions, visit the EEOC’s Title I Technical 

Assistance Manual at http://askjan.org/links/ADAtam1.html, section 2.3(a). 

What is a reasonable accommodation? 

A reasonable accommodation is a modification or adjustment to a job, the work 

environment, or the way things usually are done that enables a qualified individual with 

a disability to enjoy an equal employment opportunity. An equal employment opportunity 

means an opportunity to attain the same level of performance or to enjoy equal benefits 

and privileges of employment as are available to an average similarly-situated 

employee without a disability. The ADA requires reasonable accommodation in three 

aspects of employment: 1) to ensure equal opportunity in the application process, 2) to 

enable a qualified individual with a disability to perform the essential functions of a job, 

and 3) to enable an employee with a disability to enjoy equal benefits and privileges of 

employment. 

Examples of reasonable accommodations include making existing facilities accessible; 

job restructuring; part-time or modified work schedules; acquiring or modifying 

equipment; changing tests, training materials, or policies; providing qualified readers or 

interpreters; and reassignment to a vacant position. 

For additional information about reasonable accommodation under the ADA, visit 

Reasonable Accommodation and Undue Hardship (EEOC Guidance) at 

http://www.eeoc.gov/policy/docs/accommodation.html. 
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II. REASONABLE ACCOMMODATIONS FOR APPLICATIONS AND INTERVIEWS 

The ADA applies to all aspects of employment, including job advertisements, job 

applications, job interviews, and post-offer medical examinations. Although many of the 

ADA rules that apply to applicants and new-hires are the same as the rules for 

employees, there are some differences. This section discusses the differences. 

A. Job Advertisements and Applications 

1. What information do employers have to provide about the ADA on job 

advertisements and job applications? 

No specific information about the ADA is required on job advertisements or job 

applications. However, the EEOC advises employers to include information about the 

essential functions of the job in job announcements, advertisements, and other 

recruitment notices because specific information about essential functions will attract 

applicants, including individuals with disabilities, who have appropriate qualifications. 

The EEOC also advises employers to consider including a statement in job 

advertisements and notices that they do not discriminate on the basis of disability or 

other legally prohibited bases. The EEOC provides the following example: "We are an 

Equal Opportunity Employer. We do not discriminate on the basis of race, religion, 

color, sex, age, national origin or disability." 

For additional information, see the EEOC’s Title I Technical Assistance Manual at 

http://askjan.org/links/ADAtam1.html. 

2. Does the ADA require affirmative action in the hiring of people with 

disabilities? 

No. The ADA is a nondiscrimination law. It does not require employers to undertake 

special activities to recruit people with disabilities. However, it is consistent with the 

purpose of the ADA for employers to expand their "outreach" to sources of qualified 

candidates with disabilities. Recruitment activities that have the effect of screening out 

potential applicants with disabilities may violate the ADA. 

For example: If an employer conducts recruitment activity at a college campus, job fair, 

or other location that is physically inaccessible, or does not make its recruitment activity 

accessible at such locations to people with visual, hearing or other disabilities, it may be 

liable if a charge of discrimination is filed. 

For more information, see the EEOC’s Title I Technical Assistance Manual at 

http://askjan.org/links/ADAtam1.html. 
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3. Does the ADA allow affirmative action in the hiring of people with 

disabilities? 

Employers may invite applicants to voluntarily self-identify for purposes of the 

employer's affirmative action program if the employer is undertaking affirmative action 

because of a federal, state, or local law that requires affirmative action for individuals 

with disabilities, or the employer is voluntarily using the information to benefit individuals 

with disabilities. 

According to the EEOC, if an employer invites applicants to voluntarily self-identify in 

connection with providing affirmative action, the employer must state clearly that the 

information requested is used solely for affirmative action purposes, that it is being 

requested on a voluntary basis, that it will be kept confidential in accordance with the 

ADA, that refusal to provide it will not subject the applicant to any adverse treatment, 

and that it will be used only in accordance with the ADA. 

For additional information, see Pre-Employment Disability-Related Inquiries and Medical 

Exams at http://www.eeoc.gov/policy/docs/preemp.html. 

4. Where can employers find qualified applicants with disabilities? 

According to the U.S. Department of Labor, Office of Disability Employment Policy 

(ODEP), qualified applicants with disabilities can be located through various resources, 

including Vocational Rehabilitation (VR). In addition, ODEP co-sponsors the Workforce 

Recruitment Program (WRP) to connect public and private sector employers nationwide 

with postsecondary students and recent graduates with disabilities and many colleges 

and universities have coordinators of services for students with disabilities who can be 

helpful in recruitment. Employers may also be able to locate qualified applicants with 

disabilities by contacting local independent living centers or organizations representing 

people who have specific disabilities. 

For a list of VR offices by state, visit http://askjan.org/cgi-win/TypeQuery.exe?902. 

For information about WRP, visit http://www.dol.gov/odep/pubs/brochures/wrp1.html. 

For additional information regarding recruiting employees with disabilities, see 

Recruitment! Recruitment! Recruitment! at 

http://www.dol.gov/odep/archives/ek01/recruit.htm. 

5. What accommodations do employers have to provide during the 

application process? 

Employers have an obligation to make reasonable accommodations to enable 

applicants with disabilities to apply for jobs. For example, information about jobs should 

be available in a location that is accessible to people with mobility impairments. If a job 

advertisement provides only a telephone number to call for information, a TDD 
Practical Solutions • Workplace Success 

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(telecommunication device for the deaf) number should be included, unless a telephone 

relay service has been established. Printed job information in an employment office or 

on employee bulletin boards should be made available, as needed, to persons with 

visual or other reading impairments. Preparing information in large print will help make it 

available to some people with visual impairments. Information can be recorded on a 

cassette or read to applicants with more severe vision impairments and those who have 

other disabilities that limit reading ability. 

For more information about making the application process accessible, see the EEOC’s 

Title I Technical Assistance Manual at http://askjan.org/links/ADAtam1.html. 

6. Do employers have to make on-line application processes accessible? 

Employers must either make their on-line application processes accessible or provide 

an alternative means for people with disabilities to apply for jobs, unless they can show 

that doing so would cause an undue hardship. 

For information regarding making on-line applications accessible, visit 

http://askjan.org/topics/onlineapps.htm. 

7. What medical questions can employers ask on job applications? 

Employers cannot ask disability-related questions before an offer of employment is 

made. In general, this means that employers cannot ask questions on job applications 

that are likely to elicit information about a disability. For example, employers cannot ask 

whether an applicant has a physical or mental impairment, has received workers 

compensation, or was ever addicted to illegal drugs. For more examples, visit PreOffer, Disability-Related Questions: Dos and Don’ts at 

http://askjan.org/media/preofferfact.doc. 

For additional information about pre-employment medical questions, see PreEmployment Disability-Related Inquiries and Medical Exams at 

http://www.eeoc.gov/policy/docs/preemp.html. 

8. How can employers accommodate applicants with disabilities during preemployment testing? 

The method of accommodation depends on the individual applicant’s limitations and the 

type of test involved, so each situation must be approached on a case by case basis. As 

a starting point, JAN put together a publication that provides a broad discussion of 

potential accommodations for testing. The publication is called Accommodations for 

Testing and can be viewed at http://askjan.org/media/testingaccomm.html. 
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9. Do employers have to have job descriptions? 

According to the EEOC, the ADA does not require employers to develop or maintain job 

descriptions. A written job description that is prepared before advertising or interviewing 

applicants for a job will be considered as evidence in determining essential functions 

along with other relevant factors. However, the job description will not be given greater 

weight than other relevant evidence. 

The ADA does not limit an employer's ability to establish or change the content, nature, 

or functions of a job. It is the employer's province to establish what a job is and what 

functions are required to perform it. The ADA simply requires that an individual with a 

disability's qualifications for a job be evaluated in relation to the job’s essential functions. 

For more information about job descriptions, visit Job Descriptions at 

http://askjan.org/media/jobdescriptions.html. 

B. Job Interviews 

1. What medical questions can employers ask during a job interview? 

Under the ADA, employers may not ask disability-related questions or conduct medical 

examinations until after they make a conditional job offer to an applicant. This helps 

ensure that an applicant's possible hidden disability (including a prior history of a 

disability) is not considered before employers evaluate an applicant's non-medical 

qualifications. Employers may not ask disability-related questions or require a medical 

examination pre-offer even if they intend to look at the answers or results only at the 

post-offer stage. 

Although employers may not ask disability-related questions or require medical 

examinations at the pre-offer stage, they may do a wide variety of things to evaluate 

whether an applicant is qualified for the job, including asking about an applicant's ability 

to perform specific job functions, asking about an applicant's non-medical qualifications 

and skills, and asking applicants to describe or demonstrate how they would perform job 

tasks. For more examples, visit Pre-Offer, Disability-Related Questions: Dos and Don’ts

at http://askjan.org/media/preofferfact.doc. 

For additional information, visit EEOC’s Pre-employment Disability-Related Inquiries 

and Medical Exams at http://www.eeoc.gov/policy/docs/preemp.html. 

2. Where can employers get information about disability etiquette? 

There are a variety of resources for information about disability etiquette. JAN provides 

a list of some of the available resources on its Website at 

http://askjan.org/topics/disetiq.htm. 
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3. What accommodations must be provided for job interviews? 

Employers have an obligation to make reasonable accommodations to enable 

applicants with disabilities to participate in the interview process. Accommodations for 

interviews may include: an accessible interview location for people with mobility 

impairments, a sign language interpreter for a person who is deaf, a reader for a person 

who is blind, and modified testing for a person with a learning disability. 

For more information about making the job interviews accessible, see the EEOC’s Title I 

Technical Assistance Manual at http://askjan.org/links/ADAtam1.html. 

C. Post Job Offer 

1. What constitutes a valid job offer? 

A job offer is valid if the employer has evaluated all relevant non-medical information 

that it reasonably could have obtained and analyzed prior to giving the offer. There may 

be times when an employer cannot reasonably obtain and evaluate all non-medical 

information at the pre-offer stage. If an employer can show that is the case, the offer 

would still be considered a real offer. 

Employers do not have to limit offers to current vacancies; they can give offers to fill 

current vacancies or reasonably anticipated openings. Employers may also give offers 

that exceed the number of vacancies or reasonably anticipated openings, but must 

comply with the ADA when taking people out of the pool to fill actual vacancies. The 

employer must notify an individual (orally or in writing) if his/her placement into an actual 

vacancy is in any way adversely affected by the results of a post-offer medical 

examination or disability-related question. 

If an individual alleges that disability has affected his/her placement into an actual 

vacancy, the EEOC will carefully scrutinize whether disability was a reason for any 

adverse action. If disability was a reason, the EEOC will determine whether the action 

was job-related and consistent with business necessity. 

For additional information, visit EEOC’s Pre-employment Disability-Related Inquiries 

and Medical Exams at http://www.eeoc.gov/policy/docs/preemp.html. 

2. What medical questions can employers ask once a job offer has been 

made? 

According to the EEOC, once a conditional job offer is made and before an employee 

starts work, employers may ask any disability-related questions they choose and they 

may require medical examinations as long as this is done for all entering employees in a 

particular job category. 
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For additional information, visit EEOC’s Pre-employment Disability-Related Inquiries 

and Medical Exams at http://www.eeoc.gov/policy/docs/preemp.html. 

3. Can employers rescind a job offer without violating the ADA? 

In some cases employers may be able to rescind a job offer without violating the ADA. If 

an employer rejects an applicant after a post offer disability-related question or medical 

examination and the applicant files a complaint with the EEOC alleging discrimination, 

EEOC investigators will closely scrutinize whether the rejection was based on the 

results of that question or examination. If the question or examination screens out an 

individual because of a disability, the employer must demonstrate that the reason for the 

rejection is job-related and consistent with business necessity. 

In addition, if the individual is screened out for safety reasons, the employer must 

demonstrate that the individual poses a "direct threat." This means that the individual 

poses a significant risk of substantial harm to him/herself or others, and that the risk 

cannot be reduced below the direct threat level through reasonable accommodation. 

III. REASONABLE ACCOMMODATION FOR EMPLOYEES 

One of the key non-discrimination requirements of Title I of the ADA is the obligation to 

provide reasonable accommodation for employees with disabilities. This section 

provides information about what policies and procedures might be useful, how to 

recognize and handle accommodation requests, how to determine effective 

accommodations, and what types of accommodations might be reasonable. 

A. Policies and Procedures 

1. Are there specific policies and procedures employers must follow when 

trying to accommodate an employee with a disability? 

There are no specific policies or procedures that employers must follow when trying to 

accommodate an employee with a disability. However, employers may want to develop 

formal policies and procedures for several reasons. First, if supervisors, managers, and 

HR professionals have formal policies and procedures to refer to, they are more likely to 

handle accommodation requests properly and consistently. Second, a formal policy that 

is shared with employees helps employees know what to expect if they request an 

accommodation and also helps them understand that other employees might be 

requesting and receiving accommodations. Finally, formal procedures help employers 

document their efforts to comply with the ADA. 

2. Where can employers get sample accommodation policies and 

procedures? 

JAN and the EEOC have sample accommodation policies and procedures on their Web 

sites at: 
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Sample policies at http://askjan.org/links/adapolicies.html 

Five Practical Tips For Providing And Maintaining Effective Job Accommodations at 

http://askjan.org/media/FivePracticalTips.doc 

Establishing Procedures to Facilitate the Provision of Reasonable Accommodation at 

http://www.eeoc.gov/policy/docs/accommodation_procedures.html 

EEOC's Internal Accommodation Procedures at 

http://www.eeoc.gov/eeoc/internal/reasonable_accommodation.cfm 

EEOC’s Practical Advice for Drafting and Implementing Reasonable Accommodation 

Procedures under Executive Order 13164 at 

http://www.eeoc.gov/policy/docs/implementing_accommodation.html

3. Do employers have any obligation to provide temporary accommodations 

while researching an employee's accommodation request? 

According to informal guidance from the EEOC, there is no definite answer to this 

question; it depends on the situation. In some circumstances, it may be a violation of the 

ADA for an employer to fail to make temporary arrangements to keep an employee 

working while the employer researches the employee’s accommodation request. From a 

practical standpoint, employers should try to make temporary accommodations, even 

beyond the requirements of the ADA, because doing so demonstrates the employer’s 

good faith efforts to accommodate. For example, if an employee cannot perform an 

essential function of his job and requests an accommodation that requires some 

research, the employer should consider temporarily removing the essential function until 

a permanent accommodation can be made. If an employer chooses to do this, the 

employer should make clear to the employee that the interim accommodation is 

temporary. 

B. Accommodation Requests 

1. How can employers recognize an accommodation request? 

According to the EEOC, an individual may use "plain English" and need not mention the 

ADA or use the phrase "reasonable accommodation" when requesting an 

accommodation. Therefore, any time an employee indicates that he/she is having a 

problem and the problem is related to a medical condition, the employer should 

consider whether the employee is making a request for accommodation under the ADA. 

The EEOC provides the following examples: 

Example A: An employee tells her supervisor, "I'm having trouble getting to work at my 

scheduled starting time because of medical treatments I'm undergoing." This is a 

request for a reasonable accommodation. 
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Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a 

back problem." This is a request for a reasonable accommodation. 

Example C: A new employee, who uses a wheelchair, informs the employer that her 

wheelchair cannot fit under the desk in her office. This is a request for reasonable 

accommodation. 

Example D: An employee tells his supervisor that he would like a new chair because his 

present one is uncomfortable. Although this is a request for a change at work, his 

statement is insufficient to put the employer on notice that he is requesting reasonable 

accommodation. He does not link his need for the new chair with a medical condition. 

From Reasonable Accommodation and Undue Hardship under the ADA at 

http://www.eeoc.gov/policy/docs/accommodation.html 

2. Who should handle accommodation requests? 

Initially, the person receiving an accommodation request should respond, even if the 

response is merely to explain the company’s accommodation process and refer the 

employee on to the appropriate person to handle the request. Employers may want to 

designate a person to handle accommodation requests and then train all supervisors, 

managers, foremen, crew leaders, HR representatives, and others in positions that 

involve supervision of employees to consult with that designated person if they receive 

an accommodation request. 

3. Can employers ask an employee whether he/she needs an 

accommodation? 

According to the EEOC, an employer may ask an employee with a known disability 

whether he/she needs a reasonable accommodation when it reasonably believes that 

the employee may need an accommodation. For example, an employer could ask a 

deaf employee who is being sent on a business trip if he/she needs reasonable 

accommodation. Or, if an employer is scheduling a luncheon at a restaurant and is 

uncertain about what questions it should ask to ensure that the restaurant is accessible 

for an employee who uses a wheelchair, the employer may first ask the employee. An 

employer also may ask an employee with a disability who is having performance or 

conduct problems if h needs reasonable accommodation. 

4. Does the ADA have specific accommodation request forms that employers 

must use? 

No, there are no official request forms under the ADA. For employers that want to have 

a written request, JAN developed a sample request form located at 

http://askjan.org/media/raemployersform.htm. 
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5. What should employers do when they receive an accommodation request? 

According to the EEOC, the employer and the individual with a disability should engage 

in an informal process to clarify what the individual needs and identify the appropriate 

reasonable accommodation. The employer may ask the individual relevant questions 

that will enable it to make an informed decision about the request. This includes asking 

what type of reasonable accommodation is needed. 

The exact nature of the dialogue will vary. In many instances, both the disability and the 

type of accommodation required will be obvious, and thus there may be little or no need 

to engage in any discussion. In other situations, the employer may need to ask 

questions concerning the nature of the disability and the individual's functional 

limitations in order to identify an effective accommodation. While the individual with a 

disability does not have to be able to specify the precise accommodation, he/she does 

need to describe the problems posed by the workplace barrier. Additionally, suggestions 

from the individual with a disability may assist the employer in determining the type of 

reasonable accommodation to provide. Where the individual or the employer are not 

familiar with possible accommodations, there are extensive public and private resources 

to help the employer identify reasonable accommodations once the specific limitations 

and workplace barriers have been ascertained. Employers can always contact JAN free 

of charge. 

6. What medical information can employers ask for when an employee 

requests accommodation? 

Under the ADA, employers must limit the scope of a medical inquiry in response to an 

accommodation request. When the disability or need for accommodation is not 

obvious, an employer may require that the employee provide medical documentation to 

establish that the employee has an ADA disability, to show that the employee needs the 

requested accommodation, and to help determine effective accommodation options. 

Although the ADA limits the scope of medical requests, it does not include specific 

forms for requesting medical information. For employers who want to develop a form, 

JAN provides a sample format that employers can use as a guide. The form is located 

at http://askjan.org/media/medical.htm. 

C. Determining Effective Accommodations 

1. How can employers determine effective accommodations? 

In most situations, employers should first consult with the employee who requested the 

accommodation to clarify what the individual needs and identify the appropriate 

reasonable accommodation. Often the employee will be the best resource for 

information about accommodation needs. When the employee does not have all the 

necessary information or when an employer wants to explore other options, the next 

step may be to request medical information from the employee’s health care provider. 
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By talking with the employee who requested the accommodation and obtaining medical 

information if needed, the employer should be able to identify what the problem is, 

which is the first step in determining effective accommodation solutions. The employer 

needs to know what specific symptoms and functional limitations are creating barriers to 

accessing the workplace, performing job tasks, or benefiting from an equal employment 

opportunity. It may also be helpful to know if the employee’s limitations are predictable, 

subject to change over time, stable, or progressive. While this information may not 

always be known, when available the information can be very helpful in selecting a long 

term, effective accommodation solution. 

Once the employee’s limitations and abilities are identified, the next step is to determine 

how they impact the employee’s ability to perform the job. To make this determination, 

the employer needs to consider what specific job tasks, work environments, equipment, 

or policies are creating barriers to successful job performance. A good job description 

is a starting point, but does not always provide all the information needed. Sometimes it 

may be necessary to go beyond the traditional job description and consider other 

factors, such as what equipment is used to perform a task, where the work is 

performed, and why certain policies are being followed. 

After the employer identifies the employee’s limitations and abilities and determines how 

they impact job performance, the employer is ready to consider accommodation 

options. 

For more information on the accommodation process, see: 

JAN's Five Practical Tips For Providing And Maintaining Effective Job Accommodations

at http://askjan.org/media/FivePracticalTips.doc and JAN's Interactive Process at 

http://askjan.org/media/interactiveprocessfact.doc 

2. Where can employers get information about the types of accommodations 

that might be useful? 

JAN provides free consulting services for employers seeking accommodation ideas. 

JAN also maintains an extensive Web site with accommodation idea publications and a 

Searchable Online Accommodation Resource (SOAR), which allows employers to 

independently search for accommodation solutions. JAN's Web site for SOAR is 

http://askjan.org/soar. 

3. Who chooses an accommodation? 

According to the EEOC, employers get to choose among effective accommodation 

options. If more than one accommodation would be effective for the individual with a 

disability, or if the individual would prefer to provide his or her own accommodation, the 

individual's preference should be given first consideration. 
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4. What accommodations are not considered reasonable? 

Reasonable accommodation does not include removing essential job functions, creating 

new jobs, and providing personal need items such as eye glasses and mobility aids. 

Nothing in the ADA prohibits employers from providing these types of accommodations; 

they simply are not required accommodations. 

5. If an employer provides an accommodation the ADA does not require, will 

that set a precedent for the next time an employee needs the same type of 

accommodation? 

The EEOC encourages employers to go beyond the requirements of the ADA if they 

choose and will not penalize them for doing so. However, if employers choose to do 

more than required under the ADA, they should do so in a non-discriminatory manner. 

For example, employers should not do more only for employees with physical 

disabilities and not for people with mental disabilities. 

D. Accommodation Issues 

1. Work-Site Accessibility 

a. Do employers have to modify the work-site if they do not have an 

employee with a mobility impairment? 

Under Title I, an employer is not required to make its existing facilities accessible until a 

particular applicant or employee with a particular disability needs an accommodation, 

and then the modifications should meet that individual's work needs. The employer does 

not have to make changes to provide access in places or facilities that will not be used 

by that individual for employment related activities or benefits. However, private 

employers that occupy commercial facilities or operate places of public accommodation 

and state and local governments must conform to more extensive accessibility 

requirements under Title III and Title II when making alterations to existing facilities or 

undertaking new construction. 

When making changes to meet an individual's needs under Title I, an employer will find 

it helpful to consult the applicable Department of Justice accessibility guidelines as a 

starting point. It is advisable to make changes that conform to these guidelines, if they 

meet the individual's needs and do not impose an undue hardship, since such changes 

will be useful in the future for accommodating others. However, even if a modification 

meets the standards required under Title II or III, further adaptations may be needed to 

meet the needs of a particular individual. 

For example: A restroom may be modified to meet standard accessibility requirements 

(including wider door and stalls, and grab bars in specified locations) but it may be 

necessary to install a lower grab bar for a very short person in a wheelchair so that this 

person can transfer from the chair to the toilet. 
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Although the requirement for accessibility in employment is triggered by the needs of a 

particular individual, employers should consider initiating changes that will provide 

general accessibility, particularly for job applicants, since it is likely that people with 

disabilities will apply for jobs in the future. 

From the EEOC’s Title I Technical Assistance Manual, chapter 3, section 3.10 at 

http://askjan.org/links/ADAtam1.html#III. 

For a copy of the ADA Accessibility Guidelines, visit http://www.accessboard.gov/adaag/html/adaag.htm. 

b. Do employers have to provide accommodations for emergency 

evacuation? 

If an employer has an emergency evacuation plan for employees, the plan should 

include employees with disabilities. If an employer does not have an evacuation plan for 

all employees, the employer must consider accommodations on a case by case basis 

for any employee with a disability who requests accommodations for emergency 

evacuation. 

For information about accommodating employees during emergency evacuation, visit 

Emergency Evacuation Procedures for Employees with Disabilities at 

http://askjan.org/media/emergency.html. 

For information about emergency preparedness and people with disabilities, visit 

http://www.dol.gov/odep/programs/emergency.htm. 

c. Do employers have to provide parking as an accommodation? 

Parking is considered a benefit of employment. Under the ADA, employers must make 

reasonable accommodations that enable employees with disabilities to enjoy equal 

benefits of employment. Therefore, if an employer provides parking for all employees, 

then it must provide parking for employees with disabilities, unless it would pose an 

undue hardship to do so. A tougher question is whether an employer has to provide 

parking for employees with disabilities when it does not provide parking for other 

employees. 

There are two ways to look at this issue. First, you could argue that an employer is only 

required to provide reasonable accommodations that eliminate barriers in the work 

environment and parking is outside the work environment. Therefore, an employer 

would not have to provide parking as an accommodation, unless parking is provided for 

other employees. Alternatively, you could argue that an employer is required to provide 

parking as an accommodation because otherwise some employees with disabilities 

would not be able to access the work-site, and therefore providing parking is a way to 

provide equal employment opportunities to employees with disabilities. Unfortunately, 

we cannot say which argument is right. 
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For more information, visit Parking and the ADA, Act I at 

http://askjan.org/corner/vol01iss14.htm and Parking and the ADA, Act II at 

http://askjan.org/corner/vol03iss01.htm. 

d. Do employers have to provide transportation to and from work as an 

accommodation? 

As mentioned in the prior section, an employer is required to provide reasonable 

accommodations that eliminate barriers in the work environment only, not ones that 

eliminate barriers outside of the work environment. Therefore, an employer would not 

be required to provide transportation as a reasonable accommodation for a commute to 

work, unless the employer generally provides transportation for its employees. 

However, where an employer’s policy regarding work schedules creates a barrier for an 

individual whose disability interferes with his or her ability to commute to work, the 

employer must modify that policy as a reasonable accommodation unless it would 

impose an undue hardship. For example, an individual who uses a wheelchair and 

commutes by public transportation may need a later arrival time in inclement weather. 

From an EEOC informal guidance letter dated June 15, 1997. 

2. Job Restructuring 

According to the EEOC, job restructuring includes modifications such as: reallocating or 

redistributing marginal job functions that an employee is unable to perform because of a 

disability; and altering when and/or how a function, essential or marginal, is performed. 

An employer never has to reallocate essential functions as a reasonable 

accommodation, but can do so if it wishes. 

a. How do employers determine what job duties are essential? 

JAN put together a publication called Job Descriptions at 

http://askjan.org/media/jobdescriptions.html, which includes a discussion about how to 

determine whether a job duty is essential. 

The EEOC also provides information about determining essential functions at section 

2.3(a) of its Title I Technical Assistance Manual at http://askjan.org/links/ADAtam1.html. 

b. Do employers have to provide light duty for employees with disabilities? 

The term "light duty" has a number of different meanings in the employment setting. 

Generally, "light duty" refers to temporary or permanent work that is physically or 

mentally less demanding than normal job duties. Some employers use the term "light 

duty" to mean simply excusing an employee from performing those job functions that 

he/she is unable to perform because of an impairment. "Light duty" also may consist of 

particular positions with duties that are less physically or mentally demanding created 
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specifically for the purpose of providing alternative work for employees who are unable 

to perform some or all of their normal duties. Further, an employer may refer to any 

position that is sedentary or is less physically or mentally demanding as "light duty." 

In the following discussion, the term "light duty" refers only to particular positions 

created specifically for the purpose of providing work for employees who are unable to 

perform some or all of their normal duties. 

An employer need not create a light duty position for a non-occupationally injured 

employee with a disability as a reasonable accommodation. The principle that the ADA 

does not require employers to create positions as a form of reasonable 

accommodation applies equally to the creation of light duty positions. However, an 

employer must provide other forms of reasonable accommodation required under the 

ADA. For example, subject to undue hardship, an employer must: (1) restructure a 

position by redistributing marginal functions that an individual cannot perform because 

of a disability, (2) provide modified scheduling (including part time work), or (3) reassign 

a non-occupationally injured employee with a disability to an equivalent existing 

vacancy for which he/she is qualified. Accordingly, an employer may not avoid its 

obligation to accommodate an individual with a disability simply by asserting that the 

disability did not derive from an occupational injury. 

On the other hand, if an employer reserves light duty positions for employees with 

occupational injuries (does not create new light duty jobs when needed), the ADA 

requires it to consider reassigning an employee with a disability who is not 

occupationally injured to such positions as a reasonable accommodation. This is 

because reassignment to a vacant position and appropriate modification of an 

employer's policy are forms of reasonable accommodation required by the ADA, 

absent undue hardship. An employer cannot establish that the reassignment to a 

vacant reserved light duty position imposes an undue hardship simply by showing that it 

would have no other vacant light duty positions available if an employee became injured 

on the job and needed light duty. 

Note that an employer is free to determine that a light duty position will be temporary 

rather than permanent. 

For more information, visit Workers' Compensation and the ADA (EEOC) at 

http://www.eeoc.gov/policy/docs/workcomp.html. 

3. Modified Work Schedules and Leave 

In its publication on reasonable accommodation and undue hardship, the EEOC 

discusses modified work schedules and leave as accommodations. The information is 

available at http://www.eeoc.gov/policy/docs/accommodation.html. However, some 

issues regarding work schedules and leave are not addressed in the guidance. 
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21 

a. Do employers have to change full-time jobs to part-time as an 

accommodation under the ADA? 

Although part-time work is a form of reasonable accommodation, employers probably 

do not have to change existing full-time jobs to part-time as an accommodation under 

the ADA. According to informal guidance from the EEOC, when an employee is asking 

to cut his/her hours in significantly, then, in essence, the employee is asking for a 

reassignment to an existing part-time job. The precise legal rationale will be debated in 

courts for awhile, but any way you look at it you fundamentally change a job when you 

significantly cut the hours (e.g., in half). One argument is that cutting a job in half 

necessarily entails cutting essential functions if “essential function” embodies the 

amount of work to be accomplished. You could also say that you would be cutting the 

production standard, which is not simply an hourly standard, but also a standard that 

measures how much should be produced in a full-day. 

 

Another legal argument is to say that significantly reducing the hours of a job would be 

changing a qualification standard of the job; specifically, the ability to work full-time. 

The employer should always be able to show that it created a full-time position because 

there is sufficient work that requires working full-time. As such, the qualification to work 

full-time meets the business necessity standard, and thus it is not a reasonable 

accommodation to cut the hours in half. 

 

That is why a request for part-time work by an employee often ends up really being a 

request for a reassignment to an existing part-time job. If there is only a minimal cut in 

hours, it might be possible to show that the essential functions, the productivity 

standard, and/or a qualification standard of the position will not be changed, despite the 

slight decrease in hours. In this case, an employer might need to eliminate marginal 

functions to permit the employee to complete all the essential functions. 

b. If an employer chooses to change a full-time job to part-time, does the 

employer have to maintain the employee’s full-time pay and benefits? 

No, not under the ADA unless the employer maintains pay and benefits for employees 

without disabilities whose jobs change from full-time to part-time. Employers should 

consider whether other laws apply, such as wage and hour laws. 

c. How much leave time must an employer provide as an accommodation 

under the ADA? 

Unlike the Family and Medical Leave Act (FMLA), which requires covered employers to 

provide up to 12 weeks of leave, there is no specific amount of leave time required 

under the ADA. Instead, leave time is approached like any other accommodation 

request: the employer must provide the amount of leave needed by the employee 

unless doing so poses an undue hardship. 

For additional information regarding the interplay between the ADA and the FMLA, visit 
Practical Solutions • Workplace Success 

22 

FMLA, ADA, and Title VII (EEOC Guidance) at 

http://www.eeoc.gov/policy/docs/fmlaada.html. 

4. Modified Policies 

a. Can employers apply a no-fault attendance policy? 

No. If an employee with a disability needs additional unpaid leave as a reasonable 

accommodation, the employer must modify its "no-fault" leave policy to provide the 

employee with the additional leave, unless it can show that: (1) there is another effective 

accommodation that would enable the person to perform the essential functions of 

his/her position, or (2) granting additional leave would cause an undue hardship. 

Modifying workplace policies, including leave policies, is a form of reasonable 

accommodation. 

From Reasonable Accommodation and Undue Hardship (EEOC Guidance) at 

http://www.eeoc.gov/policy/docs/accommodation.html. 

b. Can employers have 100% restriction-free policies? 

According to informal guidance from the EEOC, requiring an employee to be 100% 

restriction-free can violate the ADA when applied to an employee with a disability. 

Although some courts have characterized such policies as per se violations of the ADA, 

most courts require that the employee meet the definition of disability before being 

allowed to challenge the policy under the ADA. If an employee does not meet the first 

two prongs, he may be able to show that his employer regarded him as having a 

disability, typically by relying on evidence that the employer would not let him return to 

his regular job or any other job in a class of jobs or broad range of jobs in various 

classes. 

c. Can employers enforce conduct rules? 

An employer never has to excuse a violation of a uniformly applied conduct rule that is 

job-related and consistent with business necessity. This means, for example, that an 

employer never has to tolerate or excuse violence, threats of violence, stealing, or 

destruction of property. An employer may discipline an employee with a disability for 

engaging in such misconduct if it would impose the same discipline on an employee 

without a disability. An employer must make reasonable accommodation to enable an 

otherwise qualified employee with a disability to meet such a conduct standard in the 

future, barring undue hardship, except where the punishment for the violation is 

termination. Since reasonable accommodation is always prospective, an employer is 

not required to excuse past misconduct even if it is the result of the individual's 

disability. 

From Reasonable Accommodation and Undue Hardship (EEOC Guidance) at 

http://www.eeoc.gov/policy/docs/accommodation.html. 
Practical Solutions • Workplace Success 

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For additional information, visit The ADA: Applying Performance and Conduct 

Standards to Employees with Disabilities at http://www.eeoc.gov/facts/performanceconduct.html. 

d. Do employers have to modify dress codes or hygiene requirements as 

an accommodation? 

Most authorities (including EEOC) treat dress codes and hygiene requirements as 

"conduct rules," but classify them as the type of conduct rule that must be justified as 

job-related and consistent with business necessity before being enforced. Therefore, if a 

person with a disability requests modification of a dress code or hygiene requirement as 

an accommodation, an employer must consider allowing the modification unless the 

employer can show that the dress code or hygiene requirement is necessary for the job 

at issue. 

For information about handling hygiene issues in the workplace, visit 

http://askjan.org/media/employmenthygienefact.doc. 

For additional information, visit The ADA: Applying Performance and Conduct 

Standards to Employees with Disabilities at http://www.eeoc.gov/facts/performanceconduct.html. 

e. Do employers have to consider allowing employees to work at home as 

an accommodation? 

Yes. Changing the location where work is performed may fall under the ADA's 

reasonable accommodation requirement of modifying workplace policies, even if the 

employer does not allow other employees to telework. However, an employer is not 

obligated to adopt an employee's preferred or requested accommodation and may 

instead offer alternate accommodations as long as they would be effective. 

For more information about work at home as an accommodation, visit Work at 

Home/Telework as a Reasonable Accommodation at 

http://www.eeoc.gov/facts/telework.html. 

5. Equipment and Services 

a. If an employer requires work equipment, such as steel-toed work boots 

or stethoscopes, and an employee with a disability needs specialized 

equipment that costs more than the regular equipment (e.g., customized 

boots or amplified stethoscopes), does the employer have to pay the 

extra cost for the specialized equipment? 

If the equipment or device is a personal-use item, then the employer does not have to 

provide it. For example, if an employee has to wear a special type of boot all the time, 
Practical Solutions • Workplace Success 

24 

the employer does not have to pay for it. Common items that fall into this category are 

hearing aids, glasses, and medication. 

On the other hand, if the boots are necessary only for work and constitute an 

accommodation, the employer would have to pay the entire cost of the boot, unless it 

would be an undue hardship to do so. 

There is also a tool of the trade issue here. If the boots constitute a tool of the trade, 

that is the boots are necessary to get the job done, then the employer must pay for the 

specialized boot as a form of equal treatment if the employer provides the boots for 

other employees. However, if other employees buy their own boots and they own them, 

then an employee with a disability can be required to buy his own boots even if they 

cost more. 

b. If an employee has a limitation such as a hearing impairment, but 

chooses not to purchase a hearing aid, does the employer then have an 

obligation to provide a hearing aid at work? 

The fact that an individual chooses to forego personal use items at home (a wheelchair, 

hearing aids, protective clothing) does not mean that such items become work-related 

because they are needed on the job. The limitations prompting the need for the hearing 

aids exist on and off the job and thus they remain personal use items. 

However, employers may still have to provide a reasonable accommodation even 

though they are not obligated to provide personal use items. For example, an employer 

might have to provide an amplified telephone or alternative means of communication for 

an employee with a hearing impairment who does not choose to use hearing aids. 

c. Do employers have to allow employees with disabilities to use personal 

need items (canes, walkers, wheelchairs, hearing aids) or services 

(personal attendant care, service animals) in the workplace? 

Allowing an employee with a disability to use a personal need item or service in the 

workplace is a form of reasonable accommodation. For example, it would be a 

reasonable accommodation for an employer to permit an individual who is blind to use a 

guide dog at work, even though the employer would not be required to provide a guide 

dog for the employee. 

From EEOC regulations for Title I at: http://frwebgate.access.gpo.gov/cgi-bin/getcfr.cgi?TITLE=29&PART=1630&SECTION=16&YEAR=2000&TYPE=TEXT. 
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25 

d. Do employers have to provide personal assistance services (PAS) under 

the ADA? 

The term PAS can include a wide variety of services. The Ticket-to-Work and Work 

Incentives Improvement Act defines PAS as "a range of services provided by 1 or more 

persons designed to assist an individual with a disability to perform daily living activities 

on or off the job that the individual would typically perform without assistance if the 

individual did not have a disability." Under the ADA, reasonable accommodation can 

include PAS in the form of work-related assistance, but generally does not include PAS 

in the form of personal attendant care at the work-site. Work-related PAS can include 

task-related assistance at work, such as readers, interpreters, help with lifting or 

reaching, page turners, a travel attendant to act as a sighted guide to assist a blind 

employee on occasional business trips, and re-assignment of non-essential duties to 

co-workers. 

For additional information, visit Personal Assistance Services (PAS) in the Workplace at 

http://askjan.org/media/PAS.html. 

e. Do employers have to provide personal attendant care for work-related 

travel? 

According to informal guidance from the EEOC, the ADA does not require employers to 

provide personal attendant care on the job because reasonable accommodation does 

not require employers to provide personal need items or services. However, when an 

employee travels for work and incurs personal attendant care expenses beyond his/her 

usual expenses when not traveling for work, there is a good argument that the employer 

must pay the added costs. 

f. What if coworkers voluntarily assist employees with disabilities with 

personal needs? For example, coworkers assist an employee who uses 

a wheelchair to transfer from her car into her wheelchair when she 

arrives at work. Do employers have to allow coworkers to assist or can 

they prohibit them from doing so? 

According to informal guidance from the EEOC, in general employers can decide how 

employees use their time at work. Therefore, employers can probably prohibit 

coworkers from providing personal assistance to employees with disabilities without 

violating the ADA outright. However, from a practical standpoint, the EEOC 

recommends that employers take a case by case approach and consider allowing 

coworkers to voluntarily assist employees with disabilities when the employer does not 

have any liability for resulting injuries and the assistance does not substantially disrupt 

the workplace. 
Practical Solutions • Workplace Success 

26 

The EEOC suggests the following approach: 

When deciding whether to allow coworkers to provide personal assistance, employers 

may first want to determine whether they have any liability for resulting injuries. To 

make that determination, employers should check with appropriate legal advisors - the 

EEOC does not advise employers about the extent of their liability for on the job injuries. 

If an employer determines that it is liable for injuries, it can prohibit coworkers from 

providing the personal assistance. If, on the other hand, the employer determines it is 

not liable, then the employer should look at other factors such as how much disruption 

there will be to the workplace if coworkers are allowed to provide personal assistance. If 

not liable and little if any disruption would result, then the employer should consider 

allowing coworkers to assist an employee with a disability, at least with minor activities 

such as taking off and putting on a coat and eating. When more difficult assistance is 

needed, such as toileting transfers or administering medications, the employer may 

want to make sure that coworkers are properly trained before allowing them to provide 

this type of assistance. 

In contrast, under the ADA’s reasonable accommodation obligation employers must 

consider allowing employees with disabilities to have their own personal attendant in the 

workplace, absent undue hardship. 

g. Is it a reasonable accommodation to provide a job coach? 

Yes. An employer may be required to provide a temporary job coach to assist in the 

training of a qualified individual with a disability as a reasonable accommodation, 

barring undue hardship. An employer also may be required to allow a job coach paid by 

a public or private social service agency to accompany the employee at the job site as a 

reasonable accommodation. 

From Psychiatric Disabilities and the ADA (EEOC Guidance) at 

http://www.eeoc.gov/policy/docs/psych.html. 

h. Do employers have to provide accommodations for on-the-job travel 

such as driving to home visits? 

According to the EEOC, employers must consider accommodations such as alternative 

methods of transportation for work-related travel when driving is not an essential 

function of the job. For example, an employer must consider alternative transportation 

for a social worker who cannot drive due to vertigo; the essential function is completing 

the home visits, not driving. 

IV. REASONABLE ACCOMMODATION FOR EMPLOYEES ON LEAVE AND 

FORMER EMPLOYEES 

The ADA requires employers to provide accommodations to ensure that employees with 

disabilities receive equal benefits of employment. For employees on leave and former 
Practical Solutions • Workplace Success 

27 

employees, benefits of employment may include health and disability insurance, job 

protection, and bonuses and promotions. 

A. Health and Disability Insurance 

1. Does the ADA apply to employer-sponsored benefits such as health 

insurance and short and long term disability? 

According to the EEOC, the interplay between the nondiscrimination principles of the 

ADA and employer-sponsored benefits such as health insurance and short and long 

term disability can be very complex. The EEOC has two publications that may help 

employers understand how the ADA applies to employer-sponsored benefits: 

Interim Enforcement Guidance On the Application of the Americans With Disabilities Act 

of 1990 to Disability-Based Distinctions In Employer Provided Health Insurance at 

http://www.eeoc.gov/policy/docs/health.html. 

Employee Benefits at http://www.eeoc.gov/policy/docs/benefits.html. 

2. When employers offer long term disability insurance, can they condition 

the receipt of payments on termination of employment? Does this 

potentially violate the ADA's requirement that employers consider holding 

jobs for people who take leave as an accommodation (assuming the 

employee has a disability and plans to return to work at some point)? 

Generally this practice does not violate the ADA. Long term disability is a benefit of 

employment that employers are free to offer or not. As such, employers set the 

parameters of the benefit. An employer might violate the ADA if the employer’s purpose 

was to evade its obligations under the ADA, but that would be difficult to prove since the 

employer did not have to offer the benefit in the first place. 

3. Can an employer terminate or reduce an individual’s health insurance 

benefits because he or she is working fewer hours due to a disability? 

Yes, according to the EEOC. The ADA does not prohibit the adoption of health 

insurance eligibility requirements that do not discriminate on the basis of disability, as 

long as such requirements are applied in the same manner to all employees. A 

requirement that employees work a certain number of hours to remain eligible for health 

insurance benefits does not discriminate on the basis of disability. It limits both 

individuals with and without disabilities. Thus, for example, an employee who works 

reduces hours for some other reason, such as attending school, would also be subject 

to a reduction or loss of health insurance benefits. 

From an EEOC informal guidance letter dated January 4, 1995. 

B. Bonuses and Promotions 
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If an employer bases bonuses or promotions on employee performance 

records and attendance, can the employer penalize an employee for work 

missed during leave taken as a reasonable accommodation? 

No, according to the EEOC, to do so would be retaliation for the employee's use of a 

reasonable accommodation to which he/she is entitled under the law. Moreover, such 

punishment would make the leave an ineffective accommodation, thus making an 

employer liable for failing to provide a reasonable accommodation. 

From Reasonable Accommodation and Undue Hardship under the ADA, question 19, at 

http://www.eeoc.gov/policy/docs/accommodation.html. 

C. Reductions in Force and Layoffs 

1. Does the ADA protect employees with disabilities from termination during a 

reduction in force or from being laid off when business is slow? 

Although the ADA protects individuals with disabilities against discrimination on the 

basis of disability, employees with disabilities are not protected against nondiscriminatory layoffs. When deciding to terminate or layoff employees, employers need 

to make sure that their decisions are based on business needs, rather than on a desire 

to get rid of employees with disabilities. For example, employers can base their layoff 

decisions on such non-discriminatory criteria as productivity, seniority, or job category. 

However, if an employer bases its layoff decisions on productivity of employees, it 

cannot penalize employees for accommodations that were provided under the ADA. 

The EEOC gives the following example: 

Company X is having a reduction-in-force. The company decides that any employee 

who has missed more than four weeks in the past year will be terminated. An employee 

took five weeks of leave for treatment of his disability. The company cannot count those 

five weeks in determining whether to terminate this employee. 

From Reasonable Accommodation and Undue Hardship under the ADA, question 19, at 

http://www.eeoc.gov/policy/docs/accommodation.html. 

2. Are former employees covered by the ADA? 

Former employees are protected by the ADA when they are subjected to discrimination 

arising from the former employment relationship. For example, an employer cannot 

release confidential medical information about a former employee. 

From Threshold Issues (EEOC Guidance) at 

http://www.eeoc.gov/policy/docs/threshold.html. 

Updated 05/15/09. 
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29 

This document was developed by the Job Accommodation Network, funded by a 

contract agreement from the U.S. Department of Labor, Office of Disability Employment 

Policy (DOL079RP20426). The opinions expressed herein do not necessarily reflect the 

position or policy of the U.S. Department of Labor. Nor does mention of trade names, 

commercial products, or organizations imply endorsement by the U.S. Department of 

Labor.