During an influenza pandemic, do employers have to provide new accommodations for a person with a disability (e.g., special work hours) due to lack of public transportation or other similar circumstances? What are the organization’s obligations if it can no longer provide an accommodation (e.g., the sign language interpreter is home sick and no others are available)?
Category: Equal Employment Opportunity and Privacy Issues Questions
Sub-Category: Accommodation
Answer:
If a particular accommodation cannot be provided (e.g., no sign language interpreters are available), the Americans with Disabilities Act (ADA) would require you to provide an available alternative accommodation if it does not pose an undue hardship. (See the U.S. Equal Employment Opportunity Commission’s Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act for additional information.)
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
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Last Updated: 01/24/2008
