Title I of the Americans with Disabilities Act prohibits discrimination in all employment practices (hiring, firing, compensation, and more) based on a qualifying disability. A qualifying disability is a physical or mental impairment that substantially limits major life activities, such as caring for oneself, seeing, eating, walking, and standing, as well as major bodily functions such as cardiovascular, neurological, and digestive system conditions. To qualify, an individual must have a record of the impairment or be widely regarded as having the medical impairment.
Individuals with a qualifying medical condition may seek a reasonable accommodation to perform their job. A reasonable accommodation is any modification or adjustment to the job that will enable the employee to perform the essential job functions. For example, a blind person may request braille-technology for their computer. Individuals seeking an ADA accommodation must be qualified for the position and be able to perform the essential job functions of his or her position. There is no requirement for an agency to find or create a position for an employee who is not qualified for the position sought, nor must employers accept lower quality work as an accommodation. The decision as to the appropriate accommodation must be based on the particular facts of each case. An employee may suggest a specific accommodation, but employers are not required to provide the employee the exact accommodation requested. Employers may offer the accommodation they believe is the most effective at meeting the agency’s mission with minimal disruption while still allowing the individual to achieve the same level of performance. The provided accommodation does not have to ensure equal results or provide exactly the same benefits. 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.
- DOTM employees interested in more information about the interactive reasonable accommodation process should review DOTM Policy 13 or contact HR.
