Employers must understand their accommodation obligations.
Denying an accommodation request because the employee is not
disabled is a risky proposition.
Under the Americans with Disabilities Act (ADA), disability is
still defined as "an impairment that substantially limits a
major life activity," but the meaning of those words is
considerably different now. Major life activities now include major
bodily functions and the term "substantially limits" is
undefined. Further, the term "disability" is to be
broadly interpreted, and the positive effects of mitigating
measures such as medication, physical therapy, etc., cannot be
considered in the disability analysis.
A "reasonable accommodation" is a change in the work
environment or in the way a job is customarily done, or in the
pre-employment process that gives a disabled individual equal
employment opportunities. Employers must accommodate a disabled
employee when the employee or his representative (e.g.,
