Accommodating disabilities business management guide
(e.g., identified software such as a Screen Reader is not compatible with existing equipment).
Health Care or Rehabilitation Professional: A person who has completed a course of study and is licensed to practice in a field of health care, which includes the diagnosis and assessment of the particular disability or disabilities in question.
This process begins upon receipt of an oral or written request for reasonable accommodation.
The person who will decide whether to grant or deny a reasonable accommodation (at EEOC it is the Disability Program Manager (DPM)) engages in a discussion with the requestor and other relevant individuals (, a supervisor, a requestor's health care provider) to collect whatever information is necessary to make an informed decision about whether the requestor is covered as an individual with a disability and, if so, what reasonable accommodation(s) will effectively eliminate the barrier identified by the requestor and permit an equal opportunity to apply for a job, to perform a job or to gain access to the workplace, or to enjoy access to the benefits and privileges of employment.
Disability: To be eligible for a reasonable accommodation, an individual must either have a physical or mental impairment that substantially limits a major life activity, or must have a record (a history) of a physical or mental impairment that substantially limited a major life activity.
This document cancels and replaces EEOC Order 560.003 dated July 19, 2010.
It said, “At no point did Marissa inform her employer that she suffered from bipolar disorder or requested any accommodation.” The employee’s failure “to disclose her nonobvious disability and any related limitations” or her need for accommodation also doomed her ADA claim.
An individual who is only regarded as having a disability is not entitled to reasonable accommodation.
Invisible/Hidden Impairments: Disabilities or conditions that are not obviously apparent or visible, such as asthma, arthritis, chronic fatigue syndrome, epilepsy, kidney disease, diabetes, cancer, HIV infection, chronic depression, learning disabilities, autism spectrum disorder, and mild intellectual disability.
Case in Point: Marissa, an analyst at a Minnesota financial firm, worked for 15 years without incident. She acted aggressively with co-workers, talked “very rapidly,” spoke disrespectfully to her manager and sent emails that didn’t make any sense. After that, Marissa requested and was granted leave under the Family and Medical Leave Act, but never disclosed to the organization the reason for the leave.
In truth, she had been diagnosed with bipolar disorder.
Essential Functions: Essential functions are those job duties that are fundamental to the position that the individual holds or desires.
The term "essential functions" does not include marginal functions of the position.