An employer does not have to eliminate an essential function, i.e., a fundamental duty of the position.
This is because a person with a disability who is unable to perform the essential functions, with or without reasonable accommodation, -- that are applied uniformly to employees with and without disabilities.
This Guidance examines what "reasonable accommodation" means and who is entitled to receive it.
The Guidance addresses what constitutes a request for reasonable accommodation, the form and substance of the request, and an employer's ability to ask questions and seek documentation after a request has been made.
Although many individuals with disabilities can apply for and perform jobs without any reasonable accommodations, there are workplace barriers that keep others from performing jobs which they could do with some form of accommodation.
These barriers may be physical obstacles (such as inaccessible facilities or equipment), or they may be procedures or rules (such as rules concerning when work is performed, when breaks are taken, or how essential or marginal functions are performed).
to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship.
The final section of this Guidance discusses undue hardship, including when requests for schedule modifications and leave may be denied.
These include: In the context of job performance, this means that a reasonable accommodation enables the individual to perform the essential functions of the position. Barnett, the Supreme Court held that it was unreasonable, absent "special circumstances," for an employer to provide a reassignment that conflicts with the terms of a seniority system.
Similarly, a reasonable accommodation enables an applicant with a disability to have an equal opportunity to participate in the application process and to be considered for a job.
A cashier easily becomes fatigued because of lupus and, as a result, has difficulty making it through her shift.
The employee requests a stool because sitting greatly reduces the fatigue.