The Washington-Baltimore Newspaper Guild

TNG-CWA, Local 32035

Guild Education Corner
The Electronic Resource Center of the Washington-Baltimore Newspaper Guild

Know Your Rights...

The Americans with Disabilities Act (ADA)

The ADA requires employers to provide reasonable accommodations to individuals with disabilities so they can continue to do their job, be hired, or be promoted.

  • A disability is defined as a physical or mental impairment either obvious or hidden, that substantially limits one or more of a person's major life activities (walking, seeing, hearing, working or performing manual tasks, for example).

The individual must be qualified and able to perform the essential functions of the job with or without accommodations.

  • A reasonable accommodation is any change or adjustment to a job, work environment or application process that enables a qualified individual with a disability to perform the essential functions of the job. An employer must provide reasonable accommodations unless doing so would create "undo hardship" or pose a direct harm or threat to themselves or others.

The individual must participate in the process. While the accommodation does not have to be the best option available, it must be effective.

Examples of reasonable accommodations include:

  • Making facilities accessible.
  • Job restructuring (reasonable assignment of marginal function).
  • Modified work schedules.
  • Redesign of equipment.
  • (Last resort) reassignment to a vacant position.

Factors that courts consider in determining what is an undo hardship would include:

  • Nature and cost of accommodation.
  • Size and financial resources of facility or company.
  • Type of operation.
  • Impact on the conduct of business (disruption of productivity, etc.).

An employee must request reasonable accommodation. Once a request is made, the process of accommodating should begin promptly with the full involvement of the union and employee.

What if the employer refuses to provide reasonable accommodations?

  • Get the facts: what did the employee request or suggest? What does the employee's doctor recommend? Why did the employer refuse to provide the accommodation? All requests for information and responses from the employer should be in writing.
  • If the employer asserts the accommodation is too expensive, it's important to determine whether the cost estimate is accurate, whether there are less costly alternatives, and whether there are tax credits or incentives available to the employer to reduce costs.
  • If the employer will not agree to the requested accommodation but offers something less sophisticated or expensive, determine whether that alternative will be effective.

When alternatives are available, the employer may select any one as long as it works.

You can get help identifying possible accommodations for specific disabilities and other technical advise by calling the Job Accommodation Network (1-800-526-7234) and, of course, your Local Guild representative!

Grievances:

A refusal to provide reasonable accommodations may be a violation of federal law, and of the contract. Grievances proceedings should be initiated if the employer will not meet its obligations (is non-responsive to the employee, won't meet with the employee and union representative, etc).

Consult with your Local Guild representative.

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Washington-Baltimore Newspaper Guild, Local 32035 TNG-CWA, AFL-CIO/ 1100 15th St., NW, Suite 350 Washington, DC 20005/ 202-785-3650 /Fax: 202-785-3659

Copyright © 2003 Washington-Baltimore Newspaper Guild