Expert: John Fuller - 4/27/2008

Question
What is the significance of "reasonable accommodation" and "undue hardship" as they relate to religion and disability in the employer-employee relationship?

Answer
The key term is reasonable and they have similar but separate applications in employment law.  

For disability, the person with a disability must be a "qualified person with a disability"  That is he or she must be able to perform the essential functions of the job with or without a reasonable accommodation.  Reasonable can have wide parameters here as well.  For example, a very large employer with more resources would be expected to provide more than a small business employer.  Reasonable does not mean that essential functions be given to another employee or that other people from other shifts are burdened because a person can only work a certain shift and they have to work more on their shifts to cover. Accommodations can be very simple like software for a computer, adjusted schedules to take into consideration medical appointments, extra time to complete non critical tasks, etc.  

Religion accommodations should be looked at to ensure an employee has the opportunity to practice his/her religion.  Accommodations can be as simple as an adjusted schedule but again, shift work can be problematic and can be an undue burden on the employer.  

I always use the common sense approach and try to work an accommodation where it is possible.  Reasonable is just that.  Reasonable.  Outlandish, undue hardships that burden the employer or other employees are unreasonable.  That is why a very good interactive discussion between the employer and emplohyee is necessary (and required by the law).  Most all accommodations can be worked out that way.  If you have an ADA Officer, you should coordinate with that person who can pull in other resources including possible funding for people with disabilities.  If you have any follow-up questions on this topic, please feel free to ask.

John