For the most part, employees eligible for leave under the FMLA will not be entitled to leave
as a reasonable accommodation under the ADA, either because they do not meet the ADA's definition of disability or the need for leave is unrelated to their qualifying disability.
Employer's Responsibilities in Providing Leave
as a Reasonable Accommodation Under the Americans with Disabilities Act
Not exact matches
To be protected
under ADA, you must have a disability
as defined by the ADA, and you must also be able to do the job you want or were hired to do, with or without
reasonable accommodations.
This ensures compliance with Executive Order 13164, which requires each Federal agency to develop effective written procedures for the processing of
reasonable accommodation requests, and supports the Department's obligation to meet the
reasonable accommodation requirements prescribed
under the Rehabilitation Act of 1973,
as amended.
Medical documentation provided by job applicant or employee is inadequate to establish that the individual meets the definition of having a disability
under the Rehabilitation Act,
as amended, and / or needs a
reasonable accommodation.
-- It may be a defense to a charge of discrimination
under this Act that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be jobrelated and consistent with business necessity, and such performance can not be accomplished by
reasonable accommodation,
as required
under this title.
Under the ADA, employers are required to make what is called a «
reasonable accommodation» for people with a known disability
as long
as it doesn't create an undue hardship such
as significant difficulty or expense for the company.
As such it is this type of animal that, while not afforded the rights
under the ADA, they are given rights
under the HUD and FHA — Fair Housing Amendments Act of 1988 and landlords must make
reasonable accommodation for such animals.
Persons with disabilities may request a
reasonable accommodation, such
as a waiver of a «no pets policy,» for any assistance animal, including an emotional support animal,
under both the FHAA and Section 504.
Attorney General
Under «
Reasonable Accommodation,» page says in part:» M.G.L. c. 151B may require that an owner modify his / her «no pets» policy as a reasonable accommodation for a person with a disability who requires the use of a service or emotional support animal because of the person's disabili
Reasonable Accommodation,» page says in part:» M.G.L. c. 151B may require that an owner modify his / her «no pets» policy as a reasonable accommodation for a person with a disability who requires the use of a service or emotional support animal because of the person's disab
Accommodation,» page says in part:» M.G.L. c. 151B may require that an owner modify his / her «no pets» policy
as a
reasonable accommodation for a person with a disability who requires the use of a service or emotional support animal because of the person's disabili
reasonable accommodation for a person with a disability who requires the use of a service or emotional support animal because of the person's disab
accommodation for a person with a disability who requires the use of a service or emotional support animal because of the person's disability.»
Additionally, an employer can not penalize a qualified employee for work missed during leave taken
as a
reasonable accommodation since doing so would be considered retaliation for the qualified employee's use of a
reasonable accommodation to which he / she is entitled
under the law.
6/7/05) the 10th Circuit wades into a problem that is dividing the circuits — is an employee who is not actually disabled (
as defined
under the ADA), but is «perceived
as disabled,» entitled to a
reasonable accommodation?
In addition, preexisting conditions made worse by a workplace injury require employers to make
reasonable accommodations for disabled workers
under federal ADA (Americans with Disabilities Act) laws, so long
as they can still perform the duties of the job.
Regulations define
reasonable accommodation as «modifications or adjustments to the work environment, or to the manner or circumstances
under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of the position.»
The court held that: (1) plaintiff had disabilities
under the ADA; (2) plaintiff's attendance records did not disqualify him from being a qualified individual with a disability; and (3) issues existed
as to
reasonable accommodation of the disability.
Schanz further argued that the Village should have made an exception to its policy and accepted the guaranty agreement
as a «
reasonable accommodation»
under the FHAA, which states that it is unlawful to refuse «to make
reasonable accommodations in rules, policies, practices, or services, when such
accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.»