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Qualified Individuals with Disabilities
To be a qualified individual, an individual must satisfy the job-related requirements of the position he or she holds or aspires to hold. In short, the individual must show that, with or without reasonable accommodation, he or she can perform the essential functions of the position. There is a two-step process to determine whether an individual with a disability is qualified under the ADA.
First, determine if the individual meets the prerequisites of the job. This goes to the education, training and work experience required for employment. For example, to determine if a programmer with cerebral palsy is qualified for your enterprise, you first need to assess whether the individual has the necessary programming knowledge and skill for the job. If so, the individual is otherwise qualified. In the event an otherwise qualified individual with a disability is passed over for employment, you may have to support the decision with job-related reasons "consistent with business necessity."
Essential Functions
If the individual meets the job requirements, the next step is to determine if he or she can perform all the essential functions of the job, with or without reasonable accommodation. This requires employers to detail the essential functions of the job. For enterprises, the essential functions of many jobs involve input and output from computers. Here, IT professionals are uniquely positioned to help define the essential functions in computer-related work.
There is no unique formula to identify the essential functions of any job, and the ADA neither requires a formal job analysis nor prescribes any particular method of analysis to identify the essential functions of work. You can conduct an informal analysis by observing and interviewing people who already perform the job and by talking to their supervisors.
When observing, be sure to look at the job under a range of conditions. The key is not to look at how the job is done, but what is done. Focus on the outcome or the results. Consider whether an employee is actually required to perform the function. For example, is typing a necessary form of input for the position? Can input be done with other peripheral devices or voice-transcription software?
Observe a person already in such a position that performs the function. Does removing the function fundamentally change the job? Does it change the results? Can the function be distributed among a number of employees or across departments? Or is it a highly specialized function that the prospective applicant is expected to perform?
EEOC regulations list a number of items that are considered evidence of whether a function is essential. An employer's judgment is important, but it is not the "smoking gun." It is only one factor among a body of evidence that includes:
- Job descriptions prepared before advertising or interviewing applicants
- The time spent performing the function
- Work experience of people who have performed a job in the past
The essential functions of enterprise employees' work may include the ability to access, input and retrieve information from computers. However, it is not essential that those employees enter the information manually using a keyboard, nor is it essential that they visually read the output from a computer screen. Adaptive or assistive devices and computer software can perform manual functions. What's essential is the experience and skill of the applicant or the employee in handling information.
An essential function of a computer programmer would be to write programs. But the ability to write the programs by hand is not the essential function. The resulting program can be developed from computer input, which can be performed in a number of ways. The same would be true of a job that requires knowledge obtained from technical manuals. The essential function is the ability to learn the technical material, not to read. Vision-impaired individuals can perform the function using audiotapes or other adaptive devices (for a comprehensive sampling of assistive devices, see our charts on products for the disabled).
Analyzing jobs with a focus on outcome and results will go a long way. It not only clarifies the essential functions but can also have the happy side effect of streamlining business processes. Detailing essential job functions will establish appropriate job qualifications and job descriptions in light of the ADA. It can also help you interview potential employees (see "How To Negotiate the Interview Minefield"). Finally, knowing the essential functions of a job will help you identify accommodations that will give individuals with disabilities equal opportunity. Here again, IT professionals are instrumental.
Reasonable Accommodation
Some individuals with disabilities can perform job functions without accommodations, but many cannot. In these cases the employer must consider if modifications or adjustments can be made to the job. These modifications and adjustments are defined as reasonable accommodations under the ADA.
Since many jobs today require computers and networks, IT professionals need to be prepared to recommend reasonable accommodations for individuals with disabilities. Your recommendations must be effective and let the employee achieve the same level of performance or outcome as a nondisabled person. The accommodation, however, does not have to guarantee equal results or provide the exact same benefit. And it does not have to be the best available. It needs only to be effective for its purpose. But remember, you are enabling a fellow employee to perform work for your enterprise.
Consider the Person
When considering accommodations, remember that disabilities impact people differently. Focus on the abilities and limitations of the individual, not on the disability per se. In most cases, the individual with the disability is positioned to know the best accommodation based on his or her experience. Consult with the individual to find out that specific physical or mental limitations that relate to the essential functions of the job. Here, you should clearly identify the barriers to job performance and assess how the barriers can be overcome before looking for specific products. After consulting with the individual, identify possible accommodations and assess how each would enable the individual to perform essential job functions.
Technical assistance is available from numerous resources, including the Job Accommodation Network. JAN provides free consulting services to accommodate individuals with disabilities. It also provides a detailed site where you can search for products and manufacturers by disability. Vocational and occupational rehabilitation centers and Independent Living Centers are also good sources of information. Often, specialists will come on site to perform a job analysis and recommend accommodations for individuals with disabilities (see "Web Links").
Consider the Cost
There are many ways to modify standard equipment to enable people with disabilities to perform their jobs effectively. These modifications range from very simple and inexpensive glare screens to the more complex Braille note takers. However, employers are not required to make reasonable accommodations if doing so imposes an undue hardship.
An undo hardship is determined by the net cost of the accommodation in relation to the financial resources of the enterprise. Consideration is given for special federal and state tax deductions available and any alternative sources of funding used to reduce the total cost. For example, if the employee is a veteran, the Department of Veterans Affairs may offer assistance.
Other considerations include size, type of operation, workplace environment and the number of employees in the enterprise. The impact of the accommodation on the ability of other employees to conduct business is also considered. If a particular accommodation imposes undue hardship, the employer must consider alternative accommodations without that hardship before throwing in the towel.
Sean Doherty is a technology editor and lawyer based at our Syracuse University Real-World Labs®. A former project manager and IT engineer at Syracuse University, he helped develop centrally supported applications and storage systems. Send your comments on this article to him at sdoherty@nwc.com.
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