DEFINITION:
Duty to Accommodate: The legal obligation of an employer or service provider to make reasonable adjustments to accommodate the needs of individuals with disabilities or protected characteristics, ensuring equal access and opportunity.
FAQs:
1. What is the purpose of the duty to accommodate?
The duty to accommodate ensures that individuals with disabilities or protected characteristics are not discriminated against and are provided with equal opportunities by accommodating their specific needs.
2. Who is covered by the duty to accommodate?
The duty to accommodate applies to individuals with disabilities as well as those with protected characteristics, including but not limited to race, gender, age, religion, and sexual orientation.
3. What types of accommodations are considered reasonable?
Reasonable accommodations are adjustments made to policies, procedures, or physical environments that allow individuals to participate fully and equally. Examples include providing assistive devices, modifying work schedules, offering flexible work arrangements, or making physical accessibility modifications.
4. Are employers or service providers always required to accommodate?
Employers and service providers are obligated to accommodate individuals with disabilities or protected characteristics to the point of undue hardship. Undue hardship refers to significant difficulty or expense that may cause significant disruption or financial strain.
5. How can one request accommodation under the duty to accommodate?
Individuals who believe they require accommodation should typically inform their employer or service provider, outlining their specific needs. Documentation supporting the accommodation request may be necessary, such as medical records or expert opinions. The employer or service provider then engages in an interactive process to determine appropriate accommodations.