Terminating the Employment Relationship

structure their way of doing business in order to accommodate the needs of their disabled employees.” 86 The Ninth Circuit Court of Appeals has even gone so far as to permit an employee to plead a FEHA failure to accommodate claim concerning workplace access. An employee with polio sought wall rails and other accommodations to enable her to move about her office. This did not affect her ability to perform her essential job functions. Although the employer argued that employee could not state a claim, the Court ruled she could because FEHA requires employers to make facilities accessible. 87 In summary, a reasonable accommodation is any change in the work environment or in the way things are usually done that results in an equal employment opportunity and allows an individual with a disability to perform the essential functions of the job. 88 A reasonable accommodation does not have to be the “best” accommodation, however, or even the accommodation that the individual with the disability wants the most or requests. 89 A reasonable accommodation must be an “effective” accommodation. 90 In addition, an employer is not required to accommodate all employees with similar disabilities in a similar fashion. 91 Such a requirement would discourage employers from ever offering extraordinary accommodations, which thereafter would become legally required. 92 To determine whether an accommodation is “reasonable” or “effective,” an employer should consider the reliability of the requested accommodation, 93 whether the employer is capable of providing it, 94 and whether or not the accommodation would help the individual perform the essential functions of the position. b. Types of Reasonable Accommodations Reasonable accommodations include modifications or adjustments that enable employees with disabilities to enjoy benefits and privileges that are equal to the benefits and privileges that are enjoyed by other employees. The EEOC Regulations define an accommodation to be any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. 95

Reasonable accommodations may include, but are not limited to, the following:

Making existing facilities accessible;

Job restructuring;

Establishing part-time or modified work schedules;

Reassignment to a vacant position;

Acquisition or modification of equipment or devices;

Appropriate adjustment or modification of policies, examinations and/or training materials;

Providing qualified readers and interpreters;

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 43