What Connecticut Employers Need to Know About Reasonable Accommodations Under the Americans with Disabilities Act

By: Sara Bigman

What is the ADA and who must comply with it?

Under the Americans with Disabilities Act of 1990 (“ADA”) it is unlawful for covered entities to discriminate against a qualified individual with a disability. Private employers with 15 or more employees, state and local government employers, employment agencies, labor organizations, and joint labor-management committees are considered “covered entities” that must comply with the ADA.  

Who is protected by the ADA?

Qualified employees with disabilities are protected by the ADA. In order to be “qualified” the individual must satisfy the skill, experience, education, and other job-related requirements of the position sought or held and can perform the essential job functions of the position. A person with a “disability” is one who has a physical or mental impairment that substantially limits one or more major life activities. Employers should note that an individual’s medical condition must meet the ADA definition of disability before that individual is entitled to a reasonable accommodation.

What is an essential function of the job?

The term “essential function” means the fundamental job duties of the position. In determining whether a task is “essential,” employers may consider whether the reason the position exists is to perform that function, the time spent performing a function, and the written job description the employee interviewed or is interviewing for.

 What is a reasonable accommodation?

A reasonable accommodation is a modification or adjustment to a job which would enable a qualified individual with a disability to perform the essential functions of a job. For example, an employee who utilizes a wheelchair may request a new desk if the employee’s wheelchair does not comfortably fit underneath the existing desk.

 When can an individual with a disability request a reasonable accommodation?

A reasonable accommodation may be requested at any time during the application process or while the individual is employed. If an individual does not ask for a reasonable accommodation while applying or when they began the job, they are not precluded from later asking for one.

Employers should also be aware that someone other than the individual may request a reasonable accommodation on behalf of that individual, and that the request for a reasonable accommodation does not have to be made in writing.

When are employers required to grant reasonable accommodations?

The ADA provides that employers covered by the ADA are required to provide a reasonable accommodation unless it would cause “undue hardship” on the employer. “Undue hardship” means significant difficulty, such that it would substantially interfere with the nature or operation of the business, or cause financial hardship due to the expense associated with providing a specific accommodation. An employer should assess on a case-by-case basis whether a requested reasonable accommodation would cause undue hardship.

Contact Our Connecticut Attorneys for Guidance

At Cohen and Wolf, we recognize that each situation employers may face regarding the ADA is unique.  We therefore encourage employers to contact one of our Connecticut Employment Counseling & Litigation attorneys with any specific questions.

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