The prudent employer looks at whether the interviewee is qualified and can perform the job duties with or without a job accommodation.
Employers
Employer Page Links:
Information on Tax Credits
Confidentiality
Useful Employment Resources
The prudent employer looks at whether the interviewee is qualified and can perform the job duties with or without a job accommodation. Employers widen their hiring pool when applicants with disabilities are taken as seriously as any other applicant. You only need to consider qualified individuals. You are only expected to hire the most qualified individual.
What is reasonable job accommodation?
&bull Modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities.
&bull Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation.
- A deaf applicant may need a sign language interpreter during the job interview.
- An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels.
- A blind employee may need someone to read information posted on a bulletin board.
When do I have to provide an accommodation?
&bull You must provide a reasonable accommodation if a person with a disability needs one in order to apply for a job, perform a job, or enjoy benefits equal to those you offer other employees. You do not have to provide any accommodation that would pose an undue hardship.
Most accommodations are not expensive:
&bull One-fifth cost nothing.
&bull More than half of them only cost between $1 and $500.
&bull The median cost is approximately $240.
&bull Technological advances continue to reduce the cost of many accommodations.
&bull Some employees provide their own accommodations in the form of assistive devices or equipment.
Tip:To offset the cost of accommodations, you may be able to take advantage of tax credits, such as the Small Business Tax Credit and other sources, such as vocational rehabilitation funding.
Information on Tax Credits
Small Business Tax Credit (Internal Revenue Code Section 44: Disabled Access Credit):
Small businesses with either $1,000,000 or less in revenue or 30 or fewer full-time employees may take a tax credit of up to $5,000 annually for the cost of providing reasonable accommodations such as sign language interpreters, readers, materials in alternative format (such as Braille or large print), the purchase of adaptive equipment, the modification of existing equipment, or the removal of architectural barriers.
Work Opportunity Tax Credit (Internal Revenue Code Section 51):
Employers who hire certain targeted low-income groups, including individuals referred from vocational rehabilitation agencies and individuals receiving Supplemental Security Income (SSI) may be eligible for an annual tax credit of up to $2,400 for each qualifying employee who works at least 400 hours during the tax year. Additionally, a maximum credit of $1,200 may be available for each qualifying summer youth employee.
Architectural/Transportation Tax Deduction (Internal Revenue Code Section 190: Barrier Removal):
This annual deduction of up to $15,000 is available to businesses of any size for the costs of removing barriers for people with disabilities, including the following: providing accessible parking spaces, ramps, and curb cuts; providing wheelchair-accessible telephones, water fountains, and restrooms; making walkways at least 48 inches wide; and making entrances accessible.
Regardless of cost, you do not need to provide an accommodation that would pose significant difficulty in terms of the operation of your business.
You as an employer are not required to do any of the following:
&bull Provide a modification that would assist the individual both on and off the job such as a prosthetic, wheelchair or eyeglasses.
&bull remove or alter essential job functions (it is wise for employers to carefully examine each job to determine its essential functions. They are the basic job duties that an employee must be able to perform, with or without a reasonable accommodation.)
&bull lower performance or production standards
&bull excuse violations of conduct rules because an employee claims that a disability caused the misconduct.
Tip: Employees who need the accommodation very often have the best accommodation solution. Find out what they feel they need first. It may very well be the most practical solution.
Confidentiality
With limited exceptions, you must keep confidential any medical information you learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional.
Example: An employee's request for a reasonable accommodation would be considered medical information subject to the ADA's confidentiality requirements.
Tip: Do not place medical information in regular personnel files. Rather, keep medical information in a separate medical file that is accessible only to designated officials. Medical information stored electronically must be similarly protected (e.g., by storing it on a separate database).
Useful Employment Resources
JAN - Job Accommodation Network
An excellent resource for exploring reasonable accommodation.
Small Employers and Reasonable Accommodation
Employer Assistance Referral Network (EARN)
A national toll-free telephone and electronic information referral service to assist employers in locating and recruiting qualified workers with disabilities. EARN is a service of the U.S. Department of Labor, Office of Disability Employment Policy with additional support provided by the Social Security Administration's Office of Employment Support Programs. 1-866- EARN NOW (327-6669)
Great Lakes ADA Accessible IT Center
Region 5 (IL, IN, MI, MN, OH, WI)
University of Illinois/Chicago
Department on Disability & Human Development
1640 West Roosevelt Road
Chicago, IL 60608
(312) 413-1407 (V/TTY)
(312) 413-1856 (Fax)
A member of INCIL
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