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5730 : Employer Must Accommodate Disabled Persons

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Memo 5730-3-3: Employer Must Accommodate Disabled Persons TABLE OF CONTENTS
     EMPLOYERS MUST ACCOMMODATE INDIVIDUALS' DISABILITIES
     INDIVIDUALS ENTITLED TO ACCOMMODATION
     PROCEDURES TO SATISFY DUTY TO ACCOMMODATE
     LEGAL CONSEQUENCES
     ADDITIONAL POINTS
     RELATED MEMOS/FORMS

QUESTIONS
	Must a company accommodate employees with disabilities?
	Who is entitled to accommodation under disability discrimination laws?
	Are employees with current disabilities entitled to accommodation?
	Must employees with past disabilities be accommodated?
	Are employees who are perceived to have disabilities entitled to accommodation?
	Whose responsibility is it to initiate action to accommodate a disability?
	View all questions for this Memo

Note: This Memo applies to all employees, whether exempt, non-exempt, full-time, part-time, temporary, new, or regular.¹

Note: Religious organization advisory.²

Note: Employers that have contracts with government agencies or receive government funding may be subject to additional legal requirements.

EMPLOYERS MUST ACCOMMODATE INDIVIDUALS' DISABILITIES

Employers may not discriminate against qualified individuals who have a disability, or make employment decisions based on their disabilities. See Memo 5700 Definition of Disability Discrimination and Memo 5705 Persons Protected from Disability Discrimination.

And, disability discrimination laws require employers to provide "reasonable accommodation" so that qualified disabled individuals may have equal employment opportunities. A reasonable accommodation is any reasonable adjustment employers can make to a job, equipment, facilities, or policies to help individuals who have disabilities perform in the workplace.

Employers must take steps to accommodate eligible individuals in all aspects of employment, from recruiting applicants to administering benefits for existing employees.³

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