What is an adequate limit?

Substantial limitation is a condition that produces a sufficiently severe impairment or disability that it significantly   limits a ""major life activity"" or ""major bodily functions"" such as:

• Walking, standing, bending, lifting, etc.
• Breathing
• reading and communicating
• Learning, thinking, concentrating, etc.
• Performing manual tasks
• normal cell growth and function related to the immune, circulatory, and nervous systems
• Digestive, bowel, and bladder functions

If any of these activities or tasks are affected by a severe impairment, the employee has a substantial limitation that limits their ability to work on the job without certain ""reasonable adjustments"" made by the employer (see below).

What qualifies as a “substantial limitation” under the ADA?

The Americans with Disabilities Act amendments went into effect in 2009 to protect individuals with disabilities from discrimination in areas such as employment. There is a three-pronged definition that lists  ""limitations"" that qualify  as a disability   .

The first phase covers existing disabilities.

1. Physical disabilities such as:
   1. cancer
   2. multiple sclerosis
   3. blindness
   4. diabetes

Or, currently have a mental impairment such as:

1. Dyslexia
2. post Traumatic Stress Disorder
3. schizophrenia
4. autism
5. Cosmetic deformity, such as that caused by severe burns.
6. A physical impairment, such as the loss of an arm.

The second aspect covers a disability that is not currently affecting a person, such as when cancer is in remission or when a person recovers from PTSD.

The third aspect covers a person suffering from disability-related discrimination. For example, if an employer refuses to hire a person because he or she has burn scars on his or her face. Another example is discrimination on the basis of disability based on rumours, such as if the employer is told that a team member has HIV infection.

All of these aspects   qualify as “substantial limitations” under the ADA .

What is an example of a reasonable accommodation?

“Reasonable accommodations” in the workplace, as defined by the ADA, mean  “  any change in the application or hiring process, in the job, in the manner of performing the job, or in the work environment” that will allow a qualified but non-disabled individual to perform the “essential functions” of the job and “enjoy equal employment opportunities.”

To be clear, the term ""reasonable"" means that the accommodations made will not cause ""undue hardship or direct hazard"" to the employer or the business. Also, the term ""essential functions"" means the primary duties and tasks of the job.

The ADA lists some examples of reasonable accommodations, such as:

• Providing accessible parking for individuals with mobility issues
• Allowing certain service animals
• Providing alternative formats, such as giving feedback in a different way (verbally or visually instead of in writing, etc.)
• modifying equipment, such as purchasing magnification software for a computer monitor
• Reassigning an employee to a different but similar job position

One more thing employers should know about reasonable accommodations. Any employer with more than 15 employees is  required to provide reasonable accommodations to individuals with disabilities under the ADA  . Some employers with more than 15 employees may also require this, but the law varies by state.

What is the process for obtaining reasonable accommodations?

Let's talk about the process for obtaining a reasonable accommodation. Each request is considered on a case-by-case basis. Before the request can be initiated, the employee must disclose his or her disability to his or her employer. Documentation from the employee's health professional may also need to be provided.

The person requesting an accommodation will be notified that their request:

• Will only be shared with others when necessary
• Your co-workers will not be informed (about the reason for the accommodation)
• This will not go into their personnel employment file (but into a separate file  that will only be shared with security/first aid personnel  )

Once these steps have been taken, collaboration between both parties is required to agree on an effective adjustment that resolves the discrepancy. The final adjustment is at the discretion of the employer, but it must resolve the functional limitation.

Next steps include creating a plan to implement the accommodation, training the employee on how to use the accommodation, and documenting the actions taken. Over time, the employee should report whether or not the accommodation is working, and adjustments should be made accordingly.

When can a reasonable accommodation be denied?

An employee may be denied a reasonable accommodation  if:

• have no qualifying disability (or temporary impairment)
• not being able to obtain documents from your medical professional
• Able to perform required tasks without distractions
• Requesting accommodations for reasons other than a disability, even if they have a disability
• Requesting a facility that poses a direct threat to health or safety

When a reasonable adjustment request is refused by an employer, they must consider alternative, reasonable and effective adjustments.