Reference no: EM131121451

An essential non-discriminatory stipulation of Title I of the ADA is the requirement to arrange reasonable accommodation for employees having disabilities. This section has information on which policies and procedures are essential, method by which accommodation requests must be recognized and handled , how the effective accommodations must be determined, and which forms of accommodations are considered as being reasonable. Under the Title I, an employer is not obligated to make existing facilities accessible unless some applicant or employee having a certain disability requires an accommodation, only then modifications must meet that person's work related needs. The employer need not make alterations to provide access in places and facilities which would not be utilized by that person for his work related activities . Private employers who run places of public accomodation, commercial facilities and local and state governments have to abide to more extensive accessibility requirements under the Title II and Title III when making changes to pre- existing facilities or during new construction. At the time of making alterations to meet a person's needs under Title I, an employer should consult the applicable Department of Justice accessibility guidelines as a first point. It is desirable to make alterations conforming to these guidelines, if they meet the person's needs and also do not have any undue hardships, as these alterations would be useful in the future for accommodating others. Inspite of the fact that a modification meets the standards required under Title II or III, more alterations could be required to meet the needs of a certain person. Though the need for accessibility in employment is triggered by the requirements of a certain person, employers must undertake alterations which would give general accessibility, more so for job applicants, as it is possible that persons having disabilities would apply for jobs in the future. In the case given, as the employer is facing a serious financial crunch he may allow the disabled employee to work from home (this is allowed under ADA) for the time being.