An employer does not have to provide a reasonable accommodation if it imposes an

Question

An employer does not have to provide a reasonable accommodation if it imposes an “undue hardship.” Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.  An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids (EEOC 2008).

What I found most interesting in this information, is that an employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. If an employer believes that a medical condition is causing a performance or conduct problem, he/she may ask the employee how to solve the problem and if the employee needs a reasonable accommodation. Once a reasonable accommodation is requested, the employer and the individual should discuss the individual's needs and identify the appropriate reasonable accommodation. Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide (EEOC 2008).  Is it unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA? Discuss.

Explanation / Answer

Americans with disabilities act of 1990 was amended in 2008 to restore the original intent of the Act and extent of protection provided to the disabled, which had deviated due to misinterpretation of certain terms by the courts. ADA was aimed at prohibiting compensation discrimination on basis of Race, colour, religion, sex, National origin, age, or disability. Discrimination maybe in various forms like, an employee and employer with a disability less than other employees working at the same level in a similar job without any explanation for the differential. The employer provides lower compensation for similar jobs held by women of African Americans why similar jobs held by men or whites is consistent with job evaluation study of the employee. The compensation policy implemented by the employer as an adverse impact on employees belonging to various classes of groups without any justification for being consistent with the job or business necessity. React also considered it unlawful to retaliate against an individual proposing employment practices that discriminate based on compensation of a filing a discrimination charge testifying a participating in anyway none investigation, proceeding, or litigation under title VII. The Act was intended to provide a clear and comprehensive National mind day for the elimination of discrimination against individuals with disabilities and provide broad coverage. The equal Employment opportunity Commission Ada regulations definition of the term substantially limits to has led to expression of a high standard of disability. Difference of compensation is permitted when it is based on merit, seniority, quantity or quality of production or factor, other than sex. All these are known as affirmative defences and the burden to prove that they are such lies with the employer.

References: https://www.eeoc.gov/laws/statutes/adaaa.cfm, https://www.eeoc.gov/eeoc/publications/fs-epa.cfm

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