HR Q&A

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An employer may need to accommodate someone who can’t perform essential job functions. Guidance from the U.S. Equal Employment Opportunity Commission (EEOC) indicates that employers are required "to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship." Further, employees must possess the knowledge, skills and abilities to be able to perform the essential job functions with or without reasonable accommodation.

"Essential" job functions are those critical elements that must be performed to achieve the objectives of the job.

When employees with disabilities have difficulty performing essential job functions, employers should first consider what, if any, reasonable accommodations might be necessary.

New federal regulations implementing the 2008 amendments to the Americans with Disabilities Act (ADA) went into effect in March 2011. These regulations expand the definition of the term "disability," which should result in employers focusing more on their responsibilities for accommodating employees.

The EEOC’s recommended interactive accommodation process still involves reviewing essential job functions and determining how the employee’s disability impacts his or her ability to perform them. In addition, the Society for Human Resource Management has developed a guide on "How to Handle an Employee’s ADA Request for Reasonable Accommodation" to assist employers with the accommodation process.

Once employers have completed the interactive process and provided accommodation, some may think no further action is needed. Employers may become frustrated when, after spending time and money providing accommodations, employees continue to wrestle with performance problems. At this juncture, employers may need to ask if it is necessary to revisit the interactive process again.

Perhaps the basis for the performance problem is a knowledge or skill deficiency and additional coaching or training is needed. Or perhaps a transfer to another vacant position needs to be explored. The ADA permits all of these options. Once the interactive accommodation process has been completed, employees with disabilities may be held to the same performance and conduct standards as other employees as outlined in the EEOC guidance titled "Applying Performance and Conduct Standards to Employees with Disabilities."

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