In the end, the court developed a rule that some might consider a “compromise.” Essentially, the judgment provides for an approach to deferring charges in the analysis of accommodation requests under the ADA. At first, a worker bears the burden of proof that housing is “reasonable.” An employee can do this by showing that the accommodation is “reasonable on the face” or, provided there are “special circumstances” that make the accommodation “reasonable” in each situation. Once this is established, the charge then moves to the employer to prove that the proposed dwelling constitutes unreasonable hardship to the operation of the business. The union administrator is the person of the union with whom any member can have direct contact, with whom members bring their problems and complaints, from whom members receive information and who, as a rule, sees members in the workplace. The Shop Steward can play a role in disseminating information about the ADA. At this level, information on the ADA can be shared with union members on topics such as the union`s role in informing workers about the non-discrimination of persons with disabilities in the workplace and the appropriate accommodation process. The guide explains that you can inform job seekers about the application process and ask if adequate housing is needed during the process. However, before a conditional offer is made, you cannot ask applicants in general whether adequate housing is required to complete the task, unless a candidate`s disability is obvious or voluntarily transmits this information and you reasonably believe that housing is necessary. The Equal Employment Opportunity Commission (EEOC) has issued detailed guidelines on the requirement for employers to implement appropriate provisions under the Americans with Disabilities Act (ADA). The guide clarifies the position of the EEOC and is presented in a question-and-answer format. Although the policy directions do not have the strength of the law, these IEOC statements are often followed by federal courts. Two specific housing units that can be considered after Barnett are requests for additional leave beyond employer policy and applications for reassignment to vacant positions on a preferred basis, i.e.
where the disabled worker is poorly qualified but less qualified than other workers looking for a job. As with seniority systems, employees have “expectations for fair and consistent treatment” in terms of leave and transfer policy. However, the EEOC notes that, to the extent that the employer is not unwarrantedly severe, the ADA requires that these two dwellings be used to support a disabled worker. Employers will have to check whether federal courts consider that these and other units “would not be reasonable in the course of business.” Indeed, it is quite possible that the courts will respond differently to these questions, which exacerbates the challenge faced by employers and their lawyers. Sometimes the accommodation can be so small that it could very easily be achieved. In other circumstances, the accommodation would not be “reasonable on the face” and the worker would have to present “special circumstances” that make it appropriate in each situation. In both cases, it would then be up to the employer to demonstrate that, in its particular circumstances, the granting of the dwelling would constitute “unreasonable hardship”. Appropriate accommodation is any change or adaptation to a workplace, employment practice or work environment that allows a qualified person with a disability to participate in equivalent employment and benefit from the same opportunity for employment.
