Recently, the Equal Employment Opportunity Commission ("EEOC") issued its latest Enforcement Guidance addressing two areas of the Americans With Disabilities Act ("ADA") which have consistently caused concern and confusion among employers: reasonable accommodations and undue hardship. The EEOC reaffirmed its prior positions with regard to these topics, and also provided clarification and examples to assist employers when they are faced with a disabled employee who requires a reasonable accommodation.
What Is A Reasonable Accommodation?
The ADA requires employers to provide a reasonable accommodation to qualified individuals with disabilities who are em-ployees or applicants, unless doing so would cause an undue hardship. The EEOC noted some reasonable accommo-dations commonly provided by employers: (1) making existing facilities accessible; (2) job restructuring; (3) part-time or modified work schedules; (4) acquiring or modifying equipment; (5) changing tests, training materials,
