Although it is the employee's ultimate burden of proof to establish his prima facie case at trial, including the existence of a reasonable accommodation
, this does not obviate the employer's obligation to engage in the interactive process.
Survey of Fair Housing Reasonable Accommodation
Case Law Involving Evictions of Mentally Ill Tenants for Disruptive Behavior
Under the ADAAA, a qualified individual with a disability is an individual with an impairment who possesses the necessary skill, experience, education, and other job-related requirements for a position and who is capable of performing the essential functions of the job with or without reasonable accommodation
. (27) Meanwhile, the DA can require that the individual not pose a significant risk (i.e., direct threat) of substantial harm to the health and safety of the individual or others in the workplace.
* Did the employer engage in an interactive dialogue with the employee to determine whether he can perform those essential functions with or without a reasonable accommodation
This dialogue is intended to clarify the employee's needs relative to his or her job responsibilities and to identify alternatives that may be considered by the employer and employee to provide an effective, reasonable accommodation
. Employers should document this effort for use in any subsequent discrimination claims filed with state agencies, EEOC, or the courts.
Whether the disability is obvious, discovered during a physical examination, or disclosed after many years of employment, an employer that fails to engage in an interactive process to find an accommodation, or does so ineffectively, can be liable for resulting failures to provide a reasonable accommodation
. On the other hand, an employer that makes a good-faith effort to consult with its disabled employee to find an accommodation can protect itself from legal liability and increase the productivity of the employee.
You need to establish that you can perform the essential functions of your job before asking for reasonable accommodations
. You must be able to do the job you want or were hired to do, with or without reasonable accommodation
If the disabled individual cannot meet all the essential eligibility requirements because of his disability, it must be determined if reasonable accommodations
can be made that will allow the disabled individual to become otherwise qualified.
According to the EEOC, someone who requires frequent assistance cleaning an apartment, grocery shopping, getting to doctors' appointments and cooking, and cannot read at a level higher than the third grade would be substantially limited in caring for himself, and entitled to reasonable accommodation
(44) For these reasons, the Second Circuit affirmed the ruling of the district court, which stated that an accommodation for the financial circumstances of a disabled person is not a reasonable accommodation
under the FHAA.
The ADA is broken into five parts: Title 1 is employment (it is illegal to discriminate against a qualified person and there is a requirement of reasonable accommodations
); Title II is public services (public transportation systems need to be accessible to the disabled); Title III is public accommodation (it is illegal to discriminate in providing goods and services); Title IV is telecommunications (common carriers engaged in interstate communications must provide communications technology for those with hearing/speech impairments); and Title V is other miscellaneous provisions (prohibits retaliation against people who exercise their rights under the act).
Three Americans with disabilities cases were decided: one dealing with the definition of a major life function; one concerning reasonable accommodation
; and one dealing with a direct threat to a disabled person's own health.