Since page numbering does not exist in HTML files, page numbers have been removed. pt. 66. To the contrary, if the time during which an essential function is performed is integral to its successful completion, then an employer may deny a request to modify an employee's schedule as an undue hardship. See, e.g., Carr v. Reno, 23 F.3d 525, 530, 3 AD Cas. Co., 61 F.3d 627, 629-30, 4 AD Cas. The employer terminates the salesperson because she had fallen below the required performance standard. (63) A modified schedule may involve adjusting arrival or departure times, providing periodic breaks, altering when certain functions are performed, allowing an employee to use accrued paid leave, or providing additional unpaid leave. An employer should determine an employee's rights under each statute separately, and then consider whether the two statutes overlap regarding the appropriate actions to take.(59). U.S. Department of Labor When assessing whether a Respondent has violated the ADA by denying a reasonable accommodation to a Charging Party, investigators should consider the following: U.S. Example A: X Corp., a travel agency, leases space in a building owned by Z Co. One of X Corp.'s employees becomes disabled and needs to use a wheelchair. 1630 app. In requesting documentation, employers should specify what types of information they are seeking regarding the disability, its functional limitations, and the need for reasonable accommodation. (127) An employer should still engage in this informal dialogue to obtain relevant information needed to make an informed decision. [see Questions 14-15], Should the Respondent have initiated the interactive process, or provided a reasonable accommodation, even if the Charging Party did not ask for an accommodation? Example B: An attorney with a severe vision disability requests that her employer provide someone to read printed materials that she needs to review daily. 1630 app. 98. Did the Respondent have a legitimate reason for requesting documentation? pt. 1092, 1104, 4 AD Cas. If an employee can show "special circumstances," then the burden shifts to the employer to show why the reassignment would pose an undue hardship. But see Miller v. Nat'l Casualty Co., 61 F.3d 627, 630, 4 AD Cas. See Dutton v. Johnson County Bd. (117) Nor can undue hardship be based on the fact that provision of a reasonable accommodation might have a negative impact on the morale of other employees. § 1630.2(o)(1)(i-iii) (1997) (emphasis added). An employer may not disclose that an employee is receiving a reasonable accommodation because this usually amounts to a disclosure that the individual has a disability. In other situations, the employer may need to ask questions concerning the nature of the disability and the individual's functional limitations in order to identify an effective accommodation. 104. For a thorough discussion of these requirements, see Preemployment Questions and Medical Examinations, supra note 27, at 6-8, 8 FEP Manual (BNA) 405:7193-94. If an employer has provided one reasonable accommodation, does it have to provide additional reasonable accommodations requested by an individual with a disability? § 12111(10)(B) (1994); 29 C.F.R. Thus, an employer should assess the need for accommodations for the application process separately from those that may be needed to perform the job. May someone other than the individual with a disability request a reasonable accommodation on behalf of the individual? § 1630.2(o) (1997); see Haysman v. Food Lion, Inc., 893 F. Supp. (BNA) 1614, 1618 (D. Kan. 1994). 116. The employer can switch the marginal functions performed by these two employees. An employee with a disability is eligible for reassignment to a new position, regardless of whether s/he is considered "probationary," as long as the employee adequately performed the essential functions of the position, with or without reasonable accommodation, before the need for a reassignment arose. However, if an individual provides insufficient documentation in response to the employer's initial request, the employer should explain why the documentation is insufficient and allow the individual an opportunity to provide the missing information in a timely manner. 48. Applicants are not entitled to reassignment. 1-844-234-5122 (ASL Video Phone) Furthermore, the House of Representatives rejected a cost-benefit approach by defeating an amendment which would have presumed undue hardship if a reasonable accommodation cost more than 10% of the employee's annual salary.

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