An accommodation that removes a barrier
Under the theory of "reasonable accommodation," a claim is asserted that the employer failed in its "affirmative duty" to assist in preserving an individual's employment status when an employee's religion, disability, or pregnancy requires an employer's assistance. For example, an Office Assistant with a neck and back problem requires a telephone headset in order to alleviate the aggravation of his or her neck and back condition. The employer is required to reasonably accommodate the Office Assistant by providing the telephone headset. The only defense for failing to provide the device is that it would cause an "undue hardship" for the employer.
(under the ADA) - When evaluating whether or not an employee with a disability is able to perform essential job functions, consideration must be given to attempting to provide a job accommodation. This accommodation must be reasonable and would allow the individual to continue to perform the job in an effective and safe manner. Reasonable accommodation may include the following: (1) Making the job facility accessible to the employee with a disability; (2) job restructuring; (3) part-time or modified work schedules; or (4) providing adaptive equipment, services or aids.