The original intent of the ADA was to provide a level playing field for employees who had physical limitations but were still capable of meeting the job requirements.  The intent was for the employer to provide "reasonable accommodations" to the employee in terms of altering the work environment.  Simplistically stated, if an employee were a paraplegic and moved about in a wheelchair, the employer would need to create a work environment to allow this individual to complete his tasks.  For example, lowering the height of a work surface or putting a ramp where steps are in use.

At the initial inception of the ADA, employers were cautious but in agreement with the basic premise of the ADA.  Unfortunately, that view has probably diminished over the few years with the number of lawsuits that have been successfully litigated under the ADA.  In particular the term, "reasonable accommodation" came into vogue.  Several successful lawsuits were brought against employers claiming they were NOT reasonable in the accommodation for the employee.  Some of the suites were just but others began to stretch the original intent and understanding of providing a reasonable accommodation.

Case in point, an employee recently brought suit against his employer for violation of the ADA, for failure to reasonably accommodate his previously diagnosed carpal tunnel strain, CTS.  This case actually brings up more questions than it answers and most certainly was no addressed in the original intent of the ADA.  Employers are somewhat protected under the definition of "undue hardship" when dealing with implementation of ADA.  The Circuit courts have outlined some of the definitions that constitute undue hardships in terms of providing reasonable accommodation.

If your are affected with interpreting the ADA in terms of providing a reasonable accommodation for an employee with physical limitations give us a call.  We often work with employers in designing work environments that are reasonable in costs and accommodating to the employee.

  Please call or email us for further questions or information.