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Reasonable Accommodation
Practical Law Glossary Item 7-504-1921 (Approx. 4 pages)
Glossary
Reasonable Accommodation
Any modification to the work environment or job application process that an employer can reasonably implement that would allow an employee or job applicant with a disability or a sincerely held religious belief to enjoy equal employment opportunities.
Under the Americans with Disabilities Act (ADA), the Rehabilitation Act (Rehab Act), and the Pregnant Workers Fairness Act (PWFA), covered employers must provide a covered job applicant or employee with reasonable accommodation, unless doing so would pose an undue hardship (that is, significant difficulty or expense). Examples of reasonable accommodation under the ADA or Rehab Act may include:
- Job re-structuring.
- Modifying work schedules or reducing hours to part-time.
- Reassigning an employee to a vacant position (not applicable to job applicants).
- Making existing facilities readily accessible.
- Acquiring or modifying equipment or devices.
- Adjusting or modifying examinations, training materials, or policies.
- Providing qualified readers or interpreters.
- Providing leave.
- Providing accessible transportation.
- Allowing the use of reserved parking spaces.
- Providing personal assistants to perform certain job-related functions, such as turning pages or providing assistance during business travel.
- Allowing the use of guide dogs for blind employees.
For more information, see Practice Note: Disability Accommodation Under the ADA: Definition of Reasonable Accommodation and Common Accommodation Situations.
Under the PWFA, reasonable accommodations could include:
- Providing:
- more opportunities to sit, drink water, or eat food;
- additional, longer, or more flexible breaks to eat, rest, and use the restroom;
- flexible hours, shorter hours, part-time work, or a later start time;
- closer parking; or
- appropriately sized uniforms and safety apparel.
- Excusing the employee from strenuous activities or activities involving exposure to compounds not safe for pregnancy.
- Assigning light duty that does not involved heavy lifting.
- Allowing time off or leave for medical appointments or to recover after childbirth.
For more information, see Practice Note, Pregnancy and Parental Leave: Reasonable Accommodation and Other PWFA Protections.
Under Title VII of the Civil Rights Act of 1964 (Title VII), an employer with 15 or more employees is required to provide reasonable accommodation for a sincerely held religious belief. Often, the need for accommodation arises when a specific work task or an aspect of the application process conflicts with a religious belief, practice, or observance. Accommodation can be denied if it would pose an undue hardship. For example, religious reasonable accommodation can include:
- Allowing an employee to wear a religious head covering at work.
- Not scheduling an employee to work on days that are considered the religious sabbath, such as Saturdays or Sundays.
- Permitting an employee to take meal breaks at a later time to accommodate religious fasting rules.
For more information, see Practice Note, Religious Discrimination and Accommodation Under Title VII.
State or local laws may also create reasonable accommodation obligations. For more information, see Anti-Discrimination Laws: State Q&A Tool.