What is a reasonable accommodation under the ADA?
A reasonable accommodation is a change to the job or workplace that lets a qualified employee with a disability perform essential functions — such as modified equipment, schedule changes, reassignment to a vacant position, or leave. The ADA applies to employers with 15 or more employees, and requires an interactive process to identify an effective accommodation.
What is undue hardship under the ADA?
Undue hardship means significant difficulty or expense when considering the accommodation's cost, the employer's overall financial resources, the size of the business, and the impact on operations. Unlike Canada's narrow test, US undue hardship weighs the employer's size and resources — a large company is expected to absorb more cost.
How much do most accommodations cost?
Studies by the Job Accommodation Network (JAN) consistently find that most workplace accommodations cost little or nothing — a majority are one-time expenses under a few hundred dollars, and many cost nothing at all. Tax incentives (the Disabled Access Credit and Section 190 deduction) can further offset employer costs.
What can I recover if my employer fails to accommodate?
An ADA failure-to-accommodate claim can recover back pay, front pay, compensatory damages for emotional distress, and in some cases punitive damages, subject to statutory caps based on employer size ($50,000 to $300,000). Reinstatement and attorney fees may also be awarded. You typically must first file a charge with the EEOC.