Reasonable Accommodation & Undue Hardship

QUESTION

Title I of the Americans With Disabilities Act, 42 U.S.C. §§ 12112(a), requires employers to provide reasonable accommodation to otherwise qualified persons with a disability to enable them to work. The federal government has a similar requirement under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. What is a “reasonable” accommodation? This is a determination to be made on the facts by the employer on a case-by-case basis. Ultimately, the decision an employer makes may be reviewed by the Equal Employment Opportunity Commission (EEOC) (or an equivalent state agency) or a court if challenged by an applicant or employee.

PROMPT: CASE STUDY

Adele, a fully qualified specialized registered nurse, is deaf. She relies upon an American Sign Language (ASL) interpreter to communicate with hearing individuals in the workplace. Adele applied for a job with Marigold Mercy Receiving and Trauma Center (“MMRTC”), a large medical center that, with all its hubs and subsidiaries, grossed $1.3 billion annually. Adele received a job offer, conditioned upon a health screening and clearance by MMRTC’s occupational health department. She is in fact cleared, but she notified MMRTC that she needed an ASL interpreter as an accommodation for her hearing impairment. The annual salary, including benefits, for her position was approximately $75,000. Upon investigation, MMRTC calculated that the annual cost to MMRTC for the ASL interpreter accommodation would be $120,000; there was the need for a full time interpreter for Adele, plus several situations where two ASL interpreters would be required. In considering Adele’s request for accommodation, the department’s hiring supervisor wrote in an email that the department’s annual HR budget allocation of $3 million could not absorb the “excessive cost of the additional personnel” of ASL qualified interpreters “for this one nurse.” MMRTC determined the additional salary and personnel would be an “undue hardship,” making the accommodation unreasonable. Therefore, MMRTC did not hire Adele. Did MMRTC violate ADA?

DISCUSS: Was MMRTC within its rights to refuse the accommodation and thus not hire Adele? In considering this case, you should review: 1) what is considered a “reasonable” accommodation under ADA; (2) sample accommodations listed by ADA (42 U.S.C. § 12111(9) (2018)) and the EEOC (www.eeoc.gov); and (3) the definition and standard for “undue hardship” (42 U.S.C. § 12111(10)(a) (2018)). Please support your thoughts and conclusion with reasoned analysis.

ANSWER

Reasonable Accommodation and Undue Hardship

Considering MMRTC’s annual operating budget received from its hubs and subsidiaries, the facility acted within its rights to refuse the accommodation and hence not hire Adele. Notably, according to ADA, undue hardship is any action or accommodation that poses difficulty or expense based on nature, structure, resources, and size of employer’s operation. In the case of MMRTC, the annual revenues and costs incurred depict budgetary imbalances as the facility will require an additional operating budget to remain in business and profitable. However, this being the case, it does not discredit Adele as an unqualified candidate as she satisfies the job description requirements and qualified for a reasonable accommodation, which according to EEOC, are the changes to the workplace or position that would enable a worker to remain productive despite their disability.

On the other hand, it would be difficult for MMRTC to prove the inability to accommodate Adele as financial constraints on the firm budget is insufficient. Courts would check other avenues the firm could fetch extra revenues, including tax deductions and credits viable for making accommodations. Besides, Adele would be willing to receive reductions in her salary to service part or all of the costs incurred by the adoption of reasonable accommodations. Essentially, In case Adele and MMRTC reach an agreement of an effective reasonable accommodation, it would be a win-win outcome as Adele would be absorbed in the facility and receive reasonable accommodations. At the same time, the firm will have achieved its objectives of maximizing profits while minimizing costs. Noteworthy, in case two or more effective options or accommodations, the MMRTC can choose the one its provision is more manageable but can allow Adele to select her preferred accommodation though MMRTC having the discretion of choosing effective accommodations.

References

Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA | U.S. Equal Employment Opportunity Commission. Eeoc.gov. Retrieved 11 May 2020, from https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada#requesting.

What is considered an “undue hardship” for a reasonable accommodation? | ADA National Network. Adata.org. (2020). Retrieved 11 May 2020, from https://adata.org/faq/what-considered-undue-hardship-reasonable-accommodation.