Indeed, in a footnote discussing the evolution of Second Circuit precedent on the import of the failure to engage in the interactive process, the court noted that under the HRL, "the lack of an interactive process is relevant primarily to the issue of whether a
reasonable accommodation was available ...
(104) While defendants argued that the tenant's behavior directly threatened other tenants, plaintiffs argued that these outbursts were a result of a psychiatric disability and requested a
reasonable accommodation. (105) Defendants rejected the argument that the Fair Housing Act required them to consider an accommodation because the tenant posed a direct threat and moved for summary judgment.
(34) Management options for
reasonable accommodation include job restructuring by reallocating or redistributing nonessential functions, modification of shifts (e.g., the use of straight shifts rather than split shifts), new equipment and furniture, telework in which an employee performs officially assigned duties at an alternative worksite on a regular, recurring or ad hoc basis, and reassignment.
This means that an employee or prospective employee may request a
reasonable accommodation that effectively accommodates his or her disability without creating an undue hardship for the employer.
Under the ADA, documentation is sufficient if it describes: the "nature, severity and duration" of the employee's disability; which activity(s) the disability limits and to what extent; and how a requested
reasonable accommodation would allow the disabled employee to continue working and performing the essential functions of the job.
The ADA provision that can make the most difference for a person with a disability is the one that requires employers (1) to provide "
reasonable accommodations" to improve productivity on the job.
reasonable accommodations will generally be required with respect to nonessential participation requirements.
Reasonable accommodation may include: (a) altering an interview so a candidate can show skills he cannot describe; (b) interpreting an application so the individual can understand it; (c) reallocating nonessential functions to others; (d) providing additional time or guidance for learning; (e) letting job coaches provide monitoring, training and support; encourage appropriate social interaction or help determine
reasonable accommodations; (f) modifying workstation placement to increase concentration; and/or (g) allowing another person to attend a job evaluation or disciplinary meeting.
In his dissent, Judge Calabresi took the position that, in situations like Salute, allowing a potential tenant to use a Section 8 voucher, even when the landlord has a specific no Section 8 tenant policy, is a
reasonable accommodation within the meaning of the FHAA.
To protect disabled people from discrimination in the workplace, the ADA states that equal employment opportunities must be given to qualified but disabled people, and it also requires that employers make "
reasonable accommodations" for them.
It ruled that seniority systems normally prevail against a
reasonable accommodation argument because such systems allow for consistent, uniform treatment of employees by employers.