Failure to Accommodate for Disability

Although persons with disability can apply for jobs and earn their living, there are workplace barriers that make it difficult for them to work or perform the essential functions of their jobs. These barriers may be physical obstacles such as inaccessible facilities or equipment, or workplace procedures and rules. Through reasonable accommodation, these workplace barriers are removed.

Reasonable Accommodation

Failure to accommodate for disability is prohibited under Title I of the Federal Americans with Disabilities Act of 1990 (ADA). Thus, employers are required “to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship”.

By accommodation, this refers to any change in the work environment or “in the way things are done customarily” to allow a disabled person to enjoy equal employment opportunities.

Reasonable accommodation is extended to qualified employees regardless of whether they work part-time or full-time, or are considered probationary.

Accommodation also involves revisions, modifications or improvements to the work environment and may include the following:

• Job restructuring
• Part-time or modified work schedules
• Making existing facilities accessible such as making ramps
• Acquiring or modifying equipment
• Changing policies, training materials, or tests
• Providing qualified readers or interpreters
• Reassign to vacant positions

Reasonable accommodations are categorized into three:

1. Modifications or adjustments to a job application process to enable a qualified applicant with disability to be considered for the position


2. Modification to the work environment or to the manner or circumstances under which the position is customarily performed


3. Adjustments to work policies to enable a disabled person to enjoy equal benefits and employment privileges as other employees without disability.

Persons with disabilities must inform their employers when accommodation is needed; on the other hand, it is the duty of an employer to provide it, unless it would cause undue hardship on his part. To be reasonable, an accommodation must be feasible or plausible.

An employer’s failure to accommodate for disability is a clear violation of the federal and state laws. If you feel that your right has been violated; let us know. Our competent Los Angeles disability discrimination lawyers can help you deal with your legal concerns and other employment issues.