Implementing the ADA

Since the 1970s, "reasonable accommodation" has been required by the regulations of the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Programs, and the Department of Justice, pursuant to sections 501, 503, and 504, respectively, of the Rehabilitation Act of 1973.

Making "reasonable accommodation" to the known physical or mental limitations of a qualified applicant or employee with a disability is generally regarded as a key to the successful employment of persons with disabling conditions. The ADA defines "reasonable accommodation" as efforts that may include:

CATEGORIES OF ACCOMMODATION
There are three categories of reasonable accommodation:

There are several modifications or adjustments that are not considered forms of reasonable accommodation. An employer does not have to eliminate an essential function, i.e., a fundamental duty of the position. This is because a person with a disability who is unable to perform the essential functions, with or without reasonable accommodation, is not a "qualified" individual with a disability within the meaning of the ADA. Nor is an employer required to lower production standards--whether qualitative or quantitative--that are applied uniformly to employees with and without disabilities.

However, an employer may have to provide reasonable accommodation to enable an employee with a disability to meet the production standard. While an employer is not required to eliminate an essential function or lower a production standard, it may do so if it wishes.

An employer does not have to provide personal use items needed in accomplishing daily activities both on and off the job. Thus, an employer is not required to provide an employee with a prosthetic limb, a wheelchair, eyeglasses, hearing aids, or similar devices if they are also needed off the job. Nor is an employer is not required to provide personal use amenities, such as a hot pot or refrigerator, if those items are not provided to employees without disabilities. However, items that might otherwise be considered personal may be required as reasonable accommodations where they are specifically designed or required to meet job-related rather than personal needs.
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ACCOMMODATIONS MUST BE EFFECTIVE
A modification or adjustment satisfies the reasonable accommodation obligation if it is "effective." In the context of job performance, this means that a reasonable accommodation enables the individual to perform the essential functions of the position. Similarly, an effective accommodation will enable an applicant with a disability to have an equal opportunity to participate in the application process and to be considered for a job. Finally, a reasonable accommodation will be effective if it allows an employee with a disability an equal opportunity to enjoy the benefits and privileges of employment that employees without disabilities enjoy.
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REQUESTING AN ACCOMMODATION
When an individual decides to request accommodation, the individual must let the employer know that she or he needs an adjustment or change at work for a reason related to a medical condition. To request accommodation, an individual may use "plain English" and need not mention the ADA or use the phrase "reasonable accommodation."

While an individual with a disability may request a change due to a medical condition, this request does not necessarily mean that the employer is required to provide the change. A request for reasonable accommodation is the first step in an informal, interactive process between the individual and the employer. In some instances, before addressing the merits of the accommodation request, the employer needs to determine if the individual's medical condition meets the ADA definition of "disability," a prerequisite for the individual to be entitled to a reasonable accommodation.

A family member, friend, health professional, or other representative may request a reasonable accommodation on behalf of an individual with a disability. Of course, the individual with a disability may refuse to accept an accommodation that is not needed.

Requests for reasonable accommodation do not need to be in writing. Individuals may request accommodations in conversation or may use any other mode of communication. An employer may choose to write a memorandum or letter confirming the individual's request. Alternatively, an employer may ask the individual to fill out a form or submit the request in written form, but the employer cannot ignore the initial request.

An employer also may request reasonable documentation that the individual has an ADA disability and needs a reasonable accommodation. An individual with a disability may request a reasonable accommodation at any time during the application process or during the period of employment.

The ADA does not preclude an employee with a disability from requesting a reasonable accommodation because s/he did not ask for one when applying for a job or after receiving a job offer. Rather, an individual with a disability should request a reasonable accommodation when s/he knows that there is a workplace barrier that is preventing him/her, due to a disability, from effectively competing for a position, performing a job, or gaining equal access to a benefit of employment. As a practical matter, it may be in an employee's interest to request a reasonable accommodation before performance suffers or conduct problems occur.

The employer and the individual with a disability should engage in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation. The employer may ask the individual relevant questions that will enable it to make an informed decision about the request. This includes asking what type of reasonable accommodation is needed. The exact nature of the dialogue will vary. In many instances, both the disability and the type of accommodation required will be obvious, and thus there may be little or no need to engage in any discussion. In other situations, the employer may need to ask questions concerning the nature of the disability and the individual's functional limitations in order to identify an effective accommodation.

While the individual with a disability does not have to be able to specify the precise accommodation, s/he does need to describe the problems posed by the workplace barrier. Suggestions from the individual with a disability may assist the employer in determining the type of reasonable accommodation to provide. Where the individual or the employer are not familiar with possible accommodations, there are extensive public and private resources to help the employer identify reasonable accommodations once the specific limitations and workplace barriers have been ascertained.
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DOCUMENTING THE PROCESS
When the disability and/or the need for accommodation is not obvious, the employer may ask the individual for reasonable documentation about his/her disability and functional limitations. The employer is entitled to know that the individual has a covered disability for which s/he needs a reasonable accommodation. An employer cannot ask for documentation when: (1) both the disability and the need for reasonable accommodation is obvious, or (2) the individual has already provided the employer with sufficient information to substantiate that s/he has an ADA disability and needs the reasonable accommodation requested.

Reasonable documentation means that the employer may require only the documentation that is needed to establish that a person has an ADA disability, and that the disability necessitates a reasonable accommodation. Thus, an employer, in response to a request for reasonable accommodation, cannot ask for documentation that is unrelated to determining the existence of a disability and the necessity for an accommodation. This means that in most situations an employer cannot request a person's complete medical records because they are likely to contain information unrelated to the disability at issue and the need for accommodation. If an individual has more than one disability, an employer can request information pertaining only to the disability that requires a reasonable accommodation.

An employer may require that the documentation about the disability and the functional limitations come from an appropriate health care or rehabilitation professional. The appropriate professional in any particular situation will depend on the disability and the type of functional limitation it imposes. Appropriate professionals include, but are not limited to, doctors (including psychiatrists), psychologists, nurses, physical therapists, occupational therapists, speech therapists, vocational rehabilitation specialists, and licensed mental health professionals

In requesting documentation, employers should specify what types of information they are seeking regarding the disability, its functional limitations, and the need for reasonable accommodation. The individual can be asked to sign a limited release allowing the employer to submit a list of specific questions to the health care or vocational professional. As an alternative to requesting documentation, an employer may simply discuss with the person the nature of his/her disability and functional limitations. It would be useful for the employer to make clear to the individual why it is requesting information, i.e., to verify the existence of an ADA disability and the need for a reasonable accommodation.

If an individual's disability or need for reasonable accommodation is not obvious, and s/he refuses to provide the reasonable documentation requested by the employer, then s/he is not entitled to reasonable accommodation. On the other hand, failure by the employer to initiate or participate in an informal dialogue with the individual after receiving a request for reasonable accommodation could result in liability for failure to provide a reasonable accommodation.

The ADA does not prevent an employer from requiring an individual to go to an appropriate health professional of the employer's choice if the individual provides insufficient information from his/her treating physician (or other health care professional) to substantiate that s/he has an ADA disability and needs a reasonable accommodation. However, if an individual provides insufficient documentation in response to the employer's initial request, the employer should explain why the documentation is insufficient and allow the individual an opportunity to provide the missing information in a timely manner.

Documentation is insufficient if it does not specify the existence of an ADA disability and explain the need for reasonable accommodation. Any medical examination conducted by the employer's health professional must be job-related and consistent with business necessity. This means that the examination must be limited to determining the existence of an ADA disability and the functional limitations that require reasonable accommodation. If an employer requires an employee to go to a health professional of the employer's choice, the employer must pay all costs associated with the visit(s)/
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ESSENTIAL JOB FUNCTIONS
"Essential functions" are fundamental job duties of the employment position the individual holds or desires. The term does not include the marginal functions of the position.

To be a qualified individual with a disability in the employment context, the applicant or employee must satisfy the requisite skill, experience, education, and other job-related requirements of the position, and must be able to perform the essential functions of the job with or without reasonable accommodation. The inquiry into whether a particular function is essential focuses initially on whether the employer actually requires employees in the position to perform the functions that the employer asserts are essential. If the individual who holds the position is actually required to perform the function the employer asserts is essential, the inquiry will then center on whether removing the function would fundamentally alter that position.

This determination of whether a particular function is essential will generally include one or more of the following factors listed in the EEOC regulation:

UNDUE HARDSHIP
Under the ADA "undue hardship" means significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation.

Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly disruptive, or those that would fundamentally alter the nature or operation of the business. An employer must assess on a case-by-case basis whether a particular reasonable accommodation would cause undue hardship. The ADA's "undue hardship" standard is different from that applied by courts under Title VII of the Civil Rights Act of 1964 for religious accommodation. The term is generally defined as "requiring significant difficulty or expense."

Criteria used for establishing this defense:

The ADA's legislative history indicates that Congress wanted employers to consider all possible sources of outside funding when assessing whether a particular accommodation would be too costly. Undue hardship is determined based on the net cost to the employer. Thus, an employer should determine whether funding is available from an outside source, such as a state rehabilitation agency, to pay for all or part of the accommodation.

In addition, the employer should determine whether it is eligible for certain tax credits or deductions to offset the cost of the accommodation. Also, to the extent that a portion of the cost of an accommodation causes undue hardship, the employer should ask the individual with a disability if s/he will pay the difference. If an employer determines that one particular reasonable accommodation will cause undue hardship, but a second type of reasonable accommodation will be effective and will not cause an undue hardship, then the employer must provide the second accommodation.

An employer cannot claim undue hardship based on employees' (or customers') fears or prejudices toward the individual's disability. Nor can undue hardship be based on the fact that provision of a reasonable accommodation might have a negative impact on the morale of other employees. Employers, however, may be able to show undue hardship where provision of a reasonable accommodation would be unduly disruptive to other employees' ability to work.

A cost-benefit analysis does not determine whether a reasonable accommodation will cause undue hardship. A cost-benefit analysis assesses the cost of a reasonable accommodation in relation to the perceived benefit to the employer and the employee. While certain courts have applied a cost-benefit approach, the EEOC's position is that neither the statute nor the legislative history supports a cost-benefit analysis to determine whether a specific accommodation causes an undue hardship. Whether the cost of a reasonable accommodation imposes an undue hardship depends on the employer's resources, not on the individual's salary, position, or status (e.g., full-time versus part-time, salary versus hourly wage, permanent versus temporary).
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DETERMINING WHAT'S A REASONABLE ACCOMMODATION
Once a qualified individual with a disability has requested provision of a reasonable accommodation, the employer must make a reasonable effort to determine the appropriate accommodation. This is best accomplished through a flexible, interactive process that involves both the employer and the qualified individual with a disability..

This process works well for making accommodations in the job application process and in providing equal benefits and privileges of employment.

An employer or union should take the following steps:

The employer may choose among reasonable accommodations as long as the chosen accommodation is effective. Thus, as part of the interactive process, the employer may offer alternative suggestions for reasonable accommodations and discuss their effectiveness in removing the workplace barrier that is impeding the individual with a disability. If there are two possible reasonable accommodations, and one costs more or is more burdensome than the other, the employer may choose the less expensive or burdensome accommodation as long as it is effective (i.e., it would remove a workplace barrier, thereby providing the individual with an equal opportunity to apply for a position, perform the essential functions of a position, or gain equal access to a benefit or privilege of employment).

Similarly, when there are two or more effective accommodations, the employer may choose the one that is easier to provide. In either situation, the employer does not have to show that it is an undue hardship to provide the more expensive or more difficult accommodation. If more than one accommodation is effective, "the preference of the individual with a disability should be given primary consideration. However, the employer providing the accommodation has the ultimate discretion to choose between effective accommodations."

An employer should respond expeditiously to a request for reasonable accommodation. If the employer and the individual with a disability need to engage in an interactive process, this too should proceed as quickly as possible. Similarly, the employer should act promptly to provide the reasonable accommodation. Unnecessary delays can result in a violation of the ADA.

An employer may not require a qualified individual with a disability to accept an accommodation. If, however, an employee needs a reasonable accommodation to perform an essential function or to eliminate a direct threat, and refuses to accept an effective accommodation, s/he may not be qualified to remain in the job. If an employer has provided one reasonable accommodation, it may have to provide additional reasonable accommodations requested by an individual with a disability.

The duty to provide reasonable accommodation is an ongoing one. Certain individuals require only one reasonable accommodation, while others may need more than one. Still others may need one reasonable accommodation for a period of time, and then at a later date, require another type of reasonable accommodation. If an individual requests multiple reasonable accommodations, s/he is entitled only to those accommodations that are necessitated by a disability and that will provide an equal employment opportunity.

An employer must consider each request for reasonable accommodation and determine: (1) whether the accommodation is needed, (2) if needed, whether the accommodation would be effective, and (3) if effective, whether providing the reasonable accommodation would impose an undue hardship. As a general rule, the individual with a disability--who has the most knowledge about the need for reasonable accommodation--must inform the employer that an accommodation is needed.

However, an employer should initiate the reasonable accommodation interactive process without being asked if the employer: (1) knows that the employee has a disability, (2) knows, or has reason to know, that the employee is experiencing workplace problems because of the disability, and (3) knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation. If the individual with a disability states that s/he does not need a reasonable accommodation, the employer will have fulfilled its obligation.

• A production worker in a food manufacturing plant took four months of leave as a reasonable accommodation. The company takes an average of all of the workers productivity over a six-month period, and any employee that fall 25% below the average productivity is automatically terminated. The company terminates the production worker because he had fallen below the required productivity standards. The company did not prorate his productivity for the months that he did work and did not take into account that his productivity was low was because of his absence. In this situation the employee can claim that his discharge was discriminatory and file suit under the ADA.
• A salesperson with diabetes is often late to work because of medication side effects that make her tired and irritable. Her work hours are 9 a.m. to 5 p.m., but she arrives between 9:30 to 10 on any given day. Her job responsibilities include meeting with clients, inside telephone sales and working with the marketing representatives to answer urgent questions. The company disciplines her for her tardiness and gives her a month to improve, or her tardiness could result in termination. She states that the reason she is late is because of her disability and requests that her work schedule to start at 10 a.m. and end at 6 p.m. In this situation, the employer may discipline the employee because she violated a conduct standard governing tardiness that is job-related for the position in question and consistent with business necessity. However, the employer must explore reasonable accommodation arrangements, absent undue hardship, to help this employee meet the standard in the future.
• An employee says to an employer, "I cannot lift heavy boxes due to a back injury." In this case, the employer can request documentation in order to determine whether the injury is an ADA disability that requires a reasonable accommodation. The employer may request documentation from the employee's physician or other medical or rehabilitation professionals describing the impairment, the nature, severity, and duration of the impairment; the activities that the impairment limits, and the extent to which the impairment limits the employee's ability to perform the activities. The employer may also send the physician a copy of the job description to give the physician information on the duties and responsibilities of the position.

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CONFIDENTIALITY
An employer may not disclose that an employee is receiving a reasonable accommodation because this usually amounts to a disclosure that the individual has a disability. The ADA specifically prohibits the disclosure of medical information except in certain limited situations, which do not include disclosure to coworkers.
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COSTS
The cost of accommodation has generally been relatively low. According to results of data collected in the past six years by the Job Accommodation Network, 80 percent of accommodations cost under $1,000.

Approximately how much did the accommodation cost to make? [N=684]

Cost	Percentage
No cost Between $1 and $500 Between $501 and $1,000 Between $1,001 and $1,500 Between $1,501 and $2,000 Between $2,001 and $5,000 Greater than $5,000	20% 48% 12% 5% 3% 9% 3%
Cumulative (since October 1992)
Mean Cost Median Cost	$935 $200
This Quarter (1998)
Mean Cost Median Cost	$1,242 $ ..250

*From: President's Committee on Employment of People with Disabilities' Job Accommodation Network (JAN).
Accommodation Benefit/Cost Data, 1992 through October 31, 1998. Morgantown, WV: West Virginia University.
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APPLICANTS
An employer may tell applicants what the hiring process involves (e.g., an interview, timed written test, or job demonstrations), and may ask applicants whether they will need a reasonable accommodation for this process. During the hiring process and before a conditional offer is made, an employer generally may not ask an applicant whether s/he needs a reasonable accommodation for the job, except when the employer knows that an applicant has a disability--either because it is obvious or the applicant has voluntarily disclosed the information--and could reasonably believe that the applicant will need a reasonable accommodation to perform specific job functions. If the applicant replies that s/he needs a reasonable accommodation, the employer may inquire as to what type.

After a conditional offer of employment is extended, an employer may inquire whether applicants will need reasonable accommodations related to anything connected with the job (i.e., job performance or access to benefits/privileges of the job) as long as all entering employees in the same job category are asked this question. An employer must provide a reasonable accommodation to a qualified applicant with a disability that will enable the individual to have an equal opportunity to participate in the application process and to be considered for a job (unless it can show undue hardship).

Thus, individuals with disabilities who meet initial requirements to be considered for a job should not be excluded from the application process because the employer speculates, based on a request for reasonable accommodation for the application process, that it will be unable to provide the individual with reasonable accommodation to perform the job.
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EMPLOYMENT BENEFITS
The ADA requires employers to provide reasonable accommodations so that employees with disabilities can enjoy the "benefits and privileges of employment" equal to those enjoyed by similarly situated employees without disabilities.

Benefits and privileges of employment include, but are not limited to, employer-sponsored: (1) training, (2) services (e.g., employee assistance programs (EAP's), credit unions, cafeterias, lounges, gymnasiums, auditoriums, transportation), and (3) parties or other social functions (e.g., parties to celebrate retirements and birthdays, and company outings).

Employers provide information to employees through different means, including computers, bulletin boards, mailboxes, posters, and public address systems.

Employers must ensure that employees with disabilities have access to information that is provided to other similarly-situated employees without disabilities, regardless of whether they need it to perform their jobs.

Employers must provide reasonable accommodation (e.g., sign language interpreters; written materials produced in alternative formats, such as Braille, large print, or on audio-cassette) that will provide employees with disabilities with an equal opportunity to participate in employer-sponsored training. This requirement applies to both in-house training and training provided by an outside entity.

Employers arranging with an outside entity to provide training may wish to avoid such problems by specifying in the contract who has the responsibility to provide appropriate reasonable accommodations. Similarly, employers should ensure that any offsite training will be held in an accessible facility if they have an employee who, because of a disability, requires such an accommodation.
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JOB PERFORMANCE
Reasonable accommodations related to job performance includes appropriate use of job restructuring, leaves, modified or part-time schedules, modified workplace policies, and reassignment to a vacant position.
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JOB RESTRUCTURING
An employer may restructure a job as a form of reasonable accommodation. Job restructuring includes modifications such as:

An employer never has to reallocate essential functions as a reasonable accommodation, but can do so if it wishes.
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LEAVES
Permitting the use of accrued paid leave, or unpaid leave, is a form of reasonable accommodation when necessitated by an employee's disability. An employer does not have to provide paid leave beyond that which is provided to similarly-situated employees.

Employers should allow an employee with a disability to exhaust accrued paid leave first and then provide unpaid leave. If an employee with a disability needs additional unpaid leave as a reasonable accommodation, the employer must modify its "no-fault" leave policy to provide the employee with the additional leave, unless it can show that: (1) there is another effective accommodation that would enable the person to perform the essential functions of his/her position, or (2) granting additional leave would cause an undue hardship. Modifying workplace policies, including leave policies, is a form of reasonable accommodation.

An employee with a disability who is granted leave as a reasonable accommodation is entitled to return to his/her same position unless the employer demonstrates that holding open the position would impose an undue hardship.

An employer cannot penalize an employee for work missed during leave taken as a reasonable documentation. To do so would be retaliation for the employee's use of a reasonable accommodation which s/he is entitled under the law. When an employee requests leave as a reasonable accommodation, an employer may provide an accommodation that requires him/her to remain on the job instead if the employer's reasonable accommodation would be effective and eliminate the need for leave.

How long can an employee be on a leave of absence? Employers are concerned about violating ADA if they terminate an employee for exceeding the leave of absence time provisions in the company policy. This is for situations where a leave of absence is the only accommodation available. Granting a leave of absence is a reasonable accommodation under the ADA.

In the ADA guidelines, there is no time restriction on the length of time of the leave. However, if the leave of absence causes the business an "undue hardship" the employer is not required to make the accommodation. If an employer can find another effective accommodation (other than the leave) that would enable the person to perform the essential functions of the job then that accommodation can be used.

Employers should be careful of attendance policies (such as "no-fault" attendance policies) because modifying workplace policies, including leave policies, is a form of reasonable accommodation. Employers should be aware that if an accommodation is denied because of "undue hardship" to the business, the employer should be prepared to justify the denial of the accommodation.

A determination of undue hardship should be based on several factors, including: the nature and cost of the accommodation needed; the overall financial resources of the organization (size, number of employees and type and location of facilities); the type of operation of the employer; and the impact of the accommodation on the operation of the facility.

Employers should investigate all possible accommodations before making the decision to terminate an employee for exceeding the company's leave of absence time provisions.
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MODIFIED OR PART-TIME SCHEDULES
An employer must allow an employee with a disability to work a modified or part-time schedule as a reasonable accommodation, absent undue hardship. A modified schedule may involve adjusting arrival or departure times, providing periodic breaks, altering when certain functions are performed, allowing an employee to use accrued paid leave, or providing additional unpaid leave.

An employer must provide a modified or part-time schedule when required as a reasonable accommodation, absent undue hardship, even if it does not provide such schedules for other employees. Employers should carefully assess whether modifying the hours could significantly disrupt their operations--that is, cause undue hardship--or whether the essential functions may be performed at different times with little or no impact on the operations or the ability of other employees to perform their jobs.
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MODIFIED WORKPLACE POLICIES
It is a reasonable accommodation to modify a workplace policy when necessitated by an individual's disability-related limitations, absent undue hardship. But, reasonable accommodation only requires that the employer modify the policy for an employee who requires such action because of a disability; therefore, the employer may continue to apply the policy to all other employees.
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REASSIGNMENT
The ADA specifically lists "reassignment to a vacant position" as a form of reasonable accommodation when the individual can no longer perform the essential functions of his or her current position, with or without reasonable accommodation. An employee must be "qualified" for the new position. An employee is qualified" for a position if s/he: (1) satisfies the requisite skill, experience, education, and other job-related requirements of the position, and (2) can perform the essential functions of the new position, with or without reasonable accommodation. The individual does not need to be the best qualified person for the job in order to get it as a reassignment.

There is no obligation for the employer to assist the individual to become qualified. Thus, the employer does not have to provide training so that the employee acquires necessary skills to take a job. The employer, however, would have to provide an employee with a disability who is being reassigned with any training that is normally provided to anyone hired for or transferred to the position.

Before considering reassignment as a reasonable accommodation, employers should first consider those accommodations that would enable an employee to remain in his/her current position. Reassignment is the reasonable accommodation of last resort and is required only after it has been determined that: (1) there are no effective accommodations that will enable the employee to perform the essential functions of his/her current position, or (2) all other reasonable accommodations would impose an undue hardship.

The employer must reassign the individual to a vacant position that is equivalent in terms of pay, status, or other relevant factors (e.g., benefits, geographical location) if the employee is qualified for the position. If there is no vacant equivalent position, the employer must reassign the employee to a vacant lower level position for which the individual is qualified. Reassignment does not include giving an employee a promotion. Thus, an employee must compete for any vacant position that would constitute a promotion.

An employer must offer reassignment as a reasonable accommodation even if it does not allow any of its employees to transfer from one position to another. The ADA contains no language limiting the obligation to reassign only to positions within an office, branch, agency, etc. Rather, the extent to which an employer must search for a vacant position will be an issue of undue hardship. An employer has to notify an employee with a disability about vacant positions. The employer is in the best position to know which jobs are vacant or will become vacant within a reasonable period of time.
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DISCIPLINE AND CONDUCT RULES
An employer never has to excuse a violation of a uniformly applied conduct rule that is job-related and consistent with business necessity. This means, for example, that an employer never has to tolerate or excuse violence, threats of violence, stealing, or destruction of property.

An employer may discipline an employee with a disability for engaging in such misconduct if it would impose the same discipline on an employee without a disability. Since reasonable accommodation is always prospective, an employer is not required to excuse past misconduct even if it is the result of the individual's disability.
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CURRENT PRACTICES
Among firms with accommodation experience, the following practices can facilitate successful accommodation:

Results of a recent employer survey at Cornell University show that many employers are making accommodations.

Table 1: Accommodations Made for Employees With Disabilities (percent of all respondents; n=813)
	Yes				No, not able to	Never needed to make this accommodation	Don’t know
	Total	Fewer than 500	500 to 2499	2500 or more
Made existing facilities accessible to employees with disabilities	82%	69%	89%	94%	1%	18%	**
Been flexible in its application of HR policies	79	72	83	87	**	19	1
Restructured jobs or modified work hours	67	49	75	86	**	31	1
Made parking or transportation accommodations	65	51	68	82	**	34	1
Provided written job instructions	63	54	67	73	**	34	2
Modified work environment	61	42	67	81	**	38	2
Acquired or modified equipment or devices	57	36	61	80	**	41	2
Made reassignment to vacant positions	43	28	43	64	1	53	3
Changed supervisory methods	34	28	31	45	1	61	4
Provided qualified readers or interpreters	33	20	37	49	**	64	2
Acquired or modified examination or training materials	29	16	27	49	1	66	4

**Less than 1 percent
Note: Percentages may not total 100% due to rounding.
Source: Survey on Implementation of the Employment Provisions of the ADA

RESOURCES TO RESOLVE DISPUTES

The study also asked the chief resources used to deal with ADA issues; Table 2 shows the results of this inquiry.

Table 2: Resources Used to Help Resolve ADA Issues (percent of all respondents; n=813)
	Use as a resource	Of those who utilize, how helpful is it?
		Helpful or very helpful	Undecided	Not helpful or not helpful at all
Legal counsel (internal or external)	81%	87%	8%	5%
Professional society or business organization	63	70	22	7
Your safety/ergonomics staff	53	74	18	7
Disability management/benefits staff	52	74	21	6
Corporate EEO office	40	74	16	9
State vocational rehabilitation agencies	38	47	38	13
U.S. EEOC	33	49	36	13
Local independent living centers or other disability organizations	22	58	28	11
Job Accommodation Network (toll-free number)	21	70	20	7
The regional ADA Technical Assistance Center (toll-free number)	15	60	29	8
Dispute resolution center/mediator	10	45	26	26
Union representative	10	29	30	41

Note: Percentages may not total 100% due to non-response.
Source: Survey on Implementation of the Employment Provisions of the ADA
For resources on alternative dispute resolution or conflict resolution in the accommodation process, go to our Other Resources section.

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BEYOND THE ADA
Effective implementation of the ADA has benefits to employers and labor unions beyond legal requirement concerns. These include the following: