Example A: An employee with an ADA disability needs 13 weeks of leave for treatment related to the disability. The employee is eligible under the FMLA for 12 weeks of leave (the maximum available), so this period of leave constitutes both FMLA leave and a reasonable accommodation. Under the FMLA, the employer could deny the employee the thirteenth week of leave. But, because the employee is also covered under the ADA, the employer cannot deny the request for the thirteenth week of leave unless it can show undue hardship. The employer may consider the impact on its operations caused by the initial 12-week absence, along with other undue hardship factors.
"[W]ith or without reasonable accommodation" includes, if necessary, reassignment to a vacant position. Thus, if an employee is no longer qualified because of a disability to continue in his/her present position, an employer must reassign him/her as a reasonableaccommodation. See the section on "Reassignment," infra pp. 37-38 and n.77.
A hypothesis mustbe , and it must be .
See US Airways, Inc. v. Barnett, 535 U.S., 122 S. Ct. 1516, 1522 (2002). The Court explained that "in ordinary English the word 'reasonable' does not mean 'effective.' It is the word 'accommodation,' not the word 'reasonable,' that conveys the need foreffectiveness." Id.
failing to reject the null hypothesis when it is false.
The ADA's requirements regarding reasonable accommodation and undue hardship supercede any state or local disability antidiscrimination laws to the extent that they offer less protection than the ADA. See 29 C.F.R. § 1630.1(c)(2) (1997).
failing to reject the null hypothesis when it is true.
The DBTACs consist of 10 federally funded regional centers that provideinformation, training, and technical assistance on the ADA. Each centerworks with local business, disability, governmental, rehabilitation, andother professional networks to provide current ADA information andassistance, and places special emphasis on meeting the needs of smallbusinesses. The DBTACs can make referrals to local sources ofexpertise in reasonable accommodations.
rejecting the null hypothesis when it is false.
A service of the President's Committee on Employment of People withDisabilities. JAN can provide information, free-of-charge, about manytypes of reasonable accommodations.
Test at ALPHA=.05 the hypothesis that the true weight is 140 lb.
The EEOC also has discussed issues involving reasonableaccommodation in the following guidances and documents: (1)Enforcement Guidance: Preemployment Disability-Related Questionsand Medical Examinations at 5, 6-8, 20, 21-22, 8 FEP Manual (BNA)405:7191, 7192-94, 7201 (1995); (2) Enforcement Guidance: Workers'Compensation and the ADA at 15-20, 8 FEP Manual (BNA) 405:7391,7398-7401 (1996); (3) Enforcement Guidance: The Americans withDisabilities Act and Psychiatric Disabilities at 19-28, 8 FEP Manual(BNA) 405:7461, 7470-76 (1997); and (4) Fact Sheet on the Family andMedical Leave Act, the Americans with Disabilities Act, and Title VII ofthe Civil Rights Act of 1964 at 6-9, 8 FEP Manual (BNA) 405:7371,7374-76 (1996).
rejecting the null hypothesis when the alternative is true.
The EEOC's Publication Center has many free documents on the Title Iemployment provisions of the ADA, including both the statute, 42U.S.C. . 12101 et seq. (1994), and the regulations, 29 C.F.R. . 1630(1997). In addition, the EEOC has published a great deal of basicinformation about reasonable accommodation and undue hardship. Thetwo main sources of interpretive information are: (1) the InterpretiveGuidance accompanying the Title I regulations (also known as the"Appendix" to the regulations), 29 C.F.R. pt. 1630 app. .. 1630.2(o), (p),1630.9 (1997) , and(2) A Technical Assistance Manual on the Employment Provisions (TitleI) of the Americans with Disabilities Act III, 8 FEP Manual (BNA)405:6981, 6998-7018 (1992). The Manual includes a 200-pageResource Directory, including federal and state agencies, and disabilityorganizations that can provide assistance in identifying and locatingreasonable accommodations.