Title I of the Americans With Disabilities Act, 42 U.S.C. §§ 12112(a), requires employers to provide reasonable accommodation to otherwise qualified persons with a disability to enable them to work. The federal government has a similar requirement under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. What is a “reasonable” accommodation?

QUESTION

CO9 Evaluate employment laws affecting business

Title I of the Americans With Disabilities Act, 42 U.S.C. §§ 12112(a), requires employers to provide reasonable accommodation to otherwise qualified persons with a disability to enable them to work. The federal government has a similar requirement under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. What is a “reasonable” accommodation? This is a determination to be made on the facts by the employer on a case-by-case basis. Ultimately, the decision an employer makes may be reviewed by the Equal Employment Opportunity Commission (EEOC) (or an equivalent state agency) or a court if challenged by an applicant or employee.

PROMPT: CASE STUDY

Adele, a fully qualified specialized registered nurse, is deaf. She relies upon an American Sign Language (ASL) interpreter to communicate with hearing individuals in the workplace. Adele applied for a job with Marigold Mercy Receiving and Trauma Center (“MMRTC”), a large medical center that, with all its hubs and subsidiaries, grossed $1.3 billion annually. Adele received a job offer, conditioned upon a health screening and clearance by MMRTC’s occupational health department. She is in fact cleared, but she notified MMRTC that she needed an ASL interpreter as an accommodation for her hearing impairment. The annual salary, including benefits, for her position was approximately $75,000. Upon investigation, MMRTC calculated that the annual cost to MMRTC for the ASL interpreter accommodation would be $120,000; there was the need for a full time interpreter for Adele, plus several situations where two ASL interpreters would be required. In considering Adele’s request for accommodation, the department’s hiring supervisor wrote in an email that the department’s annual HR budget allocation of $3 million could not absorb the “excessive cost of the additional personnel” of ASL qualified interpreters “for this one nurse.” MMRTC determined the additional salary and personnel would be an “undue hardship,” making the accommodation unreasonable. Therefore, MMRTC did not hire Adele. Did MMRTC violate ADA?

DISCUSS: Was MMRTC within its rights to refuse the accommodation and thus not hire Adele? In considering this case, you should review: 1) what is considered a “reasonable” accommodation under ADA; (2) sample accommodations listed by ADA (42 U.S.C. § 12111(9) (2018)) and the EEOC (www.eeoc.gov); and (3) the definition and standard for “undue hardship” (42 U.S.C. § 12111(10)(a) (2018)). Please support your thoughts and conclusion with reasoned analysis.

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ANSWER

MMRTC’s Refusal to Provide ASL Interpreter for Adele: A Potential Violation of the ADA

INTRODUCTION

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would impose an undue hardship on the employer. This case study examines whether Marigold Mercy Receiving and Trauma Center (MMRTC) violated the ADA by refusing to hire Adele, a specialized registered nurse who is deaf, due to the cost of providing an American Sign Language (ASL) interpreter.

REASONABLE ACCOMMODATION UNDER THE ADA

According to the ADA, a reasonable accommodation is any modification or adjustment that enables a qualified individual with a disability to perform the essential functions of the job. The determination of reasonableness is made on a case-by-case basis, considering the specific circumstances and job requirements (Reasonable Accommodations in the Workplace, n.d.). Examples of reasonable accommodations include providing interpreters, modifying work schedules, and making the workplace accessible.

UNDUE HARDSHIP STANDARD

The ADA recognizes that employers may be exempt from providing accommodations if they can demonstrate that it would result in an undue hardship. Undue hardship refers to significant difficulty or expense that would be imposed on the employer (Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA, 2002). Factors to consider when assessing undue hardship include the nature and cost of the accommodation, the financial resources of the employer, and the overall operation of the business.

MMRTC’S POSITION AND ANALYSIS

MMRTC argued that providing an ASL interpreter for Adele would impose an undue hardship due to the anticipated cost. They calculated an annual cost of $120,000, including a full-time interpreter and situations requiring two interpreters. However, MMRTC’s claim of undue hardship should be scrutinized.

Firstly, MMRTC’s financial resources are relevant in determining undue hardship. With an annual gross revenue of $1.3 billion, MMRTC appears to have substantial financial capacity. The ADA emphasizes that the cost of an accommodation should be evaluated relative to the overall financial resources and operation of the business.

Secondly, MMRTC’s assertion of excessive cost without a detailed analysis is insufficient. To establish undue hardship, an employer must provide evidence showing the specific difficulties or expenses that would result from the accommodation (Check Out This article. . .Undue Hardship: Everything You Need to Know, n.d.). Without a thorough assessment of MMRTC’s financial situation and the impact on their operations, it is unclear whether the cost of the ASL interpreter truly constitutes an undue hardship.

CONCLUSION

Considering the ADA’s requirement for reasonable accommodation and the undue hardship standard, MMRTC’s refusal to provide an ASL interpreter for Adele’s communication needs raises concerns. The available information suggests that MMRTC’s decision may potentially violate the ADA. The determination of whether MMRTC violated the ADA should be reviewed by the Equal Employment Opportunity Commission (EEOC) or a court, which can thoroughly assess the reasonableness of the accommodation and the alleged undue hardship.

REFERENCES

Check out this article. . .Undue Hardship: Everything You Need to Know. (n.d.). UpCounsel. https://www.upcounsel.com/undue-hardship

Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA. (2002, October 17). US EEOC. https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada 

Reasonable Accommodations in the Workplace. (n.d.). ADA National Network. https://adata.org/factsheet/reasonable-accommodations-workplace