Ask Atlas · At will and wrongful termination
Under federal ADA employment rules, what general rules apply when a worker requests a disability-related workplace change, such as an animal?
United States — limited federal general information
Published · Reviewed by Ahmad Sulaiman
Under a limited federal ADA employment overview, a covered employer may not discriminate in discharge and generally must provide reasonable accommodation for a known disability-related limitation of an otherwise qualified applicant or employee unless the employer can demonstrate undue hardship. [1] [3] The regulation says that the accommodation duty does not apply to a person who meets the disability definition solely under the “regarded as” prong. [3]
A particular arrangement is not automatically required. Whether the federal rule applies or requires a particular change depends on matters such as employer coverage, the person’s disability-related limitation, whether the person is qualified to perform the job’s essential functions, the requested change, and undue hardship. [1] [2] If a health or safety concern is asserted, the regulation’s direct-threat rule calls for an individualized assessment based on current medical knowledge and/or the best available objective evidence. [2] This general federal overview does not decide a particular discharge or state, local, contract, or collective-agreement rule.
For general record-checking, keep the job description, accommodation request and response, relevant policy, and any notice stating the reason for discharge. An employer’s size and workplace location can affect which public rules need review.
Sources
[1] 42 U.S.C. §§ 12111–12112 definitions and discrimination
