Mention accessibility or reasonable accommodation, and a number of questions spring up in the minds of employers. Below are some of the questions and a number of helpful resources.
Q. What are my responsibilities as an employer for making my facilities accessible?
A. As an employer, you are responsible under Title I of the ADA for making facilities accessible to qualified applicants and employees with disabilities as a reasonable accommodation, unless this would cause undue hardship. Accessibility must be provided to enable a qualified applicant to participate in the application process, to enable a qualified individual to perform essential job functions and to enable an employee with a disability to enjoy benefits and privileges available to other employees. However, if your business is a place of public accommodation (such as a restaurant, retail store or bank) you have different obligations to provide accessibility to the general public, under Title III of the ADA. Title III also will require places of public accommodation and commercial facilities (such as office buildings, factories and warehouses) to provide accessibility in new construction or when making alterations to existing structures. Further information on these requirements may be obtained from the U.S. Department of Justice, which enforces Title III. (See page 22).
Q. If our business has a health spa in the building, must it be accessible to employees with disabilities?
A. Yes. Under the ADA, workers with disabilities must have equal access to all benefits and privileges of employment that are available to similarly situated employees without disabilities. The duty to provide reasonable accommodation applies to all non-work facilities provided or maintained by you for your employees. This includes cafeterias, lounges, auditoriums, organization-provided transportation and counseling services. If making an existing facility accessible would be an undue hardship, you must provide a comparable facility that will enable a person with a disability to enjoy benefits and privileges of employment similar to those enjoyed by other employees, unless this would be an undue hardship.
The Job Accommodation Network provides a variety of resources to employers, job seekers, and vocational service providers.
For more of JAN's resources, contact:
Job Accommodation Network
Phone (voice): 800-526-7234
Phone (TTY): 877-781-9403
E-mail:
jan@jan.wvu.edu This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
This is a comprehensive web site dealing with all aspects of the Americans with Disabilities Act:
http://www.ada.gov/
