Accommodations are developed on an individual basis and in a partnership between the person with the disability and the employer. This teamwork generally results in cost-effective solutions. The elements to consider are (1) the job tasks that must be performed, (2) the functional limitations of the individual, and (3) whether the proposed accommodation(s) will result in undue hardship to the employer. Creative solutions may involve equipment changes, work station modifications, adjustments to work schedules, assistance in accessing the facility, and dozens of other possibilities, depending on the individual s particular limitations and needs.

Like all employees, people with disabilities need the job tools and a work environment that will enable them to do their jobs effectively. While some of these "tools" or the job accommodations they require may be different from those traditionally used to do a job, they accomplish the same end--they help qualified employees to do the best jobs they can. Job accommodations can be an integral part of a successful employment situation for a person with a disability.

Accommodations are determined on a case-by-case basis. They are made as a cooperative effort among the employee with a disability, the employer, and other individuals when appropriate (e.g. the union representative, the rehabilitation counselor). The main issues to be considered are the job tasks that must be accomplished, the functional limitations of the person doing the job, and whether the proposed accommodation will pose an undue hardship to the employer. Accommodations may include specialized equipment, facility modifications, adjustments to work schedules or job duties, as well as a whole range of other creative solutions.

In December 1994 the Office of Disability Employment Policy's Job Accommodation Network (JAN) reported that 68% of job accommodations made cost less than $500, and further, that employers report that for every dollar spent on accommodations, the company received $28 in benefits.

Accommodations, which are modifications or alterations, often make it possible for a qualified person with a disability to do the same job as everyone else but in a slightly different way. Some accommodations are simple adaptations; others require technically sophisticated equipment. The essential functions of the job and the functional limitations of the individual are what the employer and the employee want to match up.

An employer should analyze the job tasks, basic qualifications needed to do those tasks, and the kinds of adjustments that can be made to ensure that performance standards will be met. The way the worker does the job is far less important than the outcome.

This legal term is defined in the ADA as an action requiring significant difficulty or expense for the business/employer, considering the following factors:

• the nature and cost of the proposed accommodation,
• the overall financial resources of the business and the effect of the accommodation upon expenses and resources, and
• the impact of the accommodation upon the operation of the facility.

What are the Steps to Consider When Making a Workplace Accommodation?

• involving the employee who has the disability in every step of the process;
• employing confidentiality principles while exploring ways to provide workplace accommodations;
• consulting with rehabilitation professionals, if needed;
• using job descriptions and job analyses to detail essential functions of the job; and
• identifying the employee's functional limitations and potential accommodations

Step 3: Select and provide the accommodation that is most appropriate for the employee and employer.

• Costs should not be an undue hardship.
• Accommodations selected should be effective, reliable, easy to use, and readily available for the employee needing the accommodation.
• An employee should try the product or piece of equipment prior to purchase.

Step 4: Check results by:

• monitoring the accommodation to see if the adaptation enables the employee to complete the necessary work task(s); and
• periodically evaluating the accommodation(s) to ensure effectiveness.

Step 5: Provide follow-up, if needed, by:

What Tax Credits are Available to Assist with Workplace Accommodations?

The Office of Disability Employment Policy's Job Accommodation Network (JAN):
(800)526-7234 (V/TTY)
http://www.jan.wvu.edu/english/homeus.htm

Disability and Business Technical Assistance Centers (DBTACs):
(800)949-4232 (V/TTY)

Equal Employment Opportunity Commission (EEOC):
For Technical Assistance: (800)669-4000 (V) or (800)669-6820 (TTY)
To Obtain Documents: (800)669-3362 (V) or (800)800-3302 (TTY)
Mark Pitzer, Attorney
Office of Chief Counsel
IRS
1111 Constitution Avenue, NW
Washington, DC 20224
(202)622-3110

An accommodation in the workplace is a reasonable adjustment to a job or work environment that makes it possible for an individual with a disability to perform job duties. Put another way, an accommodation is an investment an employer makes in his or her business in order to make the business more efficient or profitable. For example, when word processing systems were proven to be much more efficient than typewriters, businesses invested in personal computers for their employees. Similarly, employers send employees to staff training classes and seminars to upgrade their skills. Decisions about making worksite accommodations for people with disabilities should be made in the same light as decisions about staff training or buying new office equipment. Successful accommodations are beneficial both to the employee and the employer.

When an employee with a disability requests an accommodation, the employer and employee should discuss the job duties, how the accommodation will assist the individual in performing his or her job, and possible alternative solutions. Among the issues to be considered are:

One resource available to both the employer and the employee in the accommodation decision-making process is the Office of Disability Employment Policy's Job Accommodation Network (JAN), accessed via a toll-free telephone call (800-ADA-WORK). JAN consultants will ask questions about the specific situation and will recommend adjustments in the worksite, administrative actions or product options that might be effective. Conversations with JAN consultants are confidential.

The Americans with Disabilities Act (ADA) defines "disability" as an impairment that "substantially limits one or more of the major life activities." Although some disabilities, such as inability to walk, missing or impaired limbs or severely impaired vision, are easy to observe, many disabilities are not. Some examples of "hidden" disabilities are learning disabilities, mental illness, epilepsy, cancer, arthritis, mental retardation, traumatic brain injury, AIDS and asthma. Many people do not believe that hidden disabilities are bona fide disabilities needing accommodation. Hidden disabilities can result in functional limitations which substantially limit one or more of the major life activities, just like those which are visible. Accommodating hidden disabilities can keep valued employees on the job and open doors for new employees.

The ADA requires that reasonable accommodation be provided, if necessary, for all impairments that meet the definition of "disability," whether hidden or visible. Reasonable accommodations must be determined on a case-by-case basis to ensure effective accommodations which will meet the needs of the employee and the employer. Accommodations can range from making existing facilities accessible for wheelchair users to job restructuring, acquiring or modifying equipment, developing flexible work schedules or modifying task protocols.

Accommodating qualified employees with disabilities sets up a win-win situation: employers gain a qualified, stable, diverse workforce; people with disabilities get jobs; and society saves money that previously funded public benefits and services for people with disabilities.