This provision is intended to ensure that people are not discriminated against because of a history of disability or because they have been misclassified or disabled. If an employer reassigns the individual to less strenuous work because of unsubstantiated myths, fears, or stereotypes that the individual will suffer a heart attack if he or she continues to perform strenuous work, the employer would be regarding the individual as disabled. The Act obligates the employer to make reasonable accommodations that would permit an employee with a known disability to perform the duties of the job unless providing such accommodations would result in an undue hardship. Reasonable accommodations may involve, but are not limited to, making existing employee facilities accessible to and usable by employees with disabilities, job restructuring, modification of equipment, modification of work schedules, or provision of readers or interpreters. Reassignment to a vacant position is also a possible reasonable accommodation when accommodation within the individual's current position would pose an undue hardship.
Undue hardship is defined as an action requiring significant difficulty or expense.
The Act still permits employers to devise physical and other employment tests if they are job-related and consistent with business necessity. When the employer applies employment criteria and tests, it must determine whether reasonable accommodation would enable the person with the disability to perform the essential functions of the job without imposing an undue hardship on the business. Otherwise, an alternative oral test should be administered. An employer may adopt a qualification standard that an employee not pose a direct threat to the health or safety of the individual or others. Such a standard must apply to all individuals, not just those with disabilities.