Southwest ADA Center

Publications: Employment Process - On the Job Issues

Accommodating the Allergic Employee in the Workplace (NIDRR/DOE) 4 pgs. 2002. This document provides guidance for employers on defining what an allergy is and on possible ways to accommodate an allergic employee.

Applying Performance and Conduct Standards to People with Disabilities (EEOC) 2008.
T his guide explains when and how performance and conduct standards should be applied and the appropriate role of reasonable accommodation.

Employing & Accommodating Individuals with Histories of Alcohol & Drug Abuse  (NIDRR/DOE) 4 pgs. 2001.  Document defines current and past alcohol and drug use and abuse, outlines legal use of tests to determine current abuse, and discusses accommodations for an individual in recovery. 

Employing & Accommodating Workers with Psychiatric Disabilities (NIDRR/DOE) 4 pgs. 1994.  Document discusses the definition, prevalence and impact of psychiatric disabilities in the workplace and provides suggestions for possible accommodations. 

Employment Considerations for People Who Have Diabetes (NIDRR/DOE) 4 pgs. 1994.  Document defines diabetes, describes workplace implications of diabetics and reasonable accommodations for people with diabetes. 

Enforcement Guidance on the Americans with Disabilities Act & Psychiatric Disabilities   (EEOC) 40 pgs. 1997.  This guidance document responds to the questions and concerns expressed by individuals with psychiatric disabilities regarding the ADA and answer questions posed by employers about how to apply the ADA to employees with psychiatric disabilities. 

Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (EEOC) Updated October 2002 .  This Enforcement Guidance clarifies the rights and responsibilities of employers and individuals with disabilities regarding reasonable accommodation and undue hardship. This Guidance examines what "reasonable accommodation" means and who is entitled to receive it, what constitutes a request for reasonable accommodation, the form and substance of the request, an employer's ability to ask questions and seek documentation after a request has been made, reasonable accommodations applicable to the hiring process and to the benefits and privileges of employment, and different types of reasonable accommodations related to job performance. 

Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (EEOC) (July 26, 2000) This enforcement guidance explains when it is permissible for employers to make disability-related inquiries or require medical examinations of employees.

Entering the World of Work: What Youth with Mental Health Needs Should Know about Accommodations (DOL) (2007) The Americans with Disabilities Act and Youth with Mental Health Impairments

Pandemic Preparedness in the Workplace and the Americans with Disabilities Act (EEOC) 2009. This short technical assistance document answers basic questions about workplace preparation strategies for the 2009 H1N1 flu virus (swine flu) that are compliant with the Americans with Disabilities Act (ADA).

Questions & Answers: The Americans with Disabilities Act & Hiring Police Officers (DOJ) 5 pgs. 1997.  Informative document answers questions about the process of screening and hiring officers.  It covers drug tests, medical tests, polygraphs, background checks and outlines some of the department's responsibilities to employees with disabilities and questions about light duty positions.

Questions & Answers: The Americans with Disabilities Act & Persons with HIV/AIDS (DOJ) 16 pgs. This document explains the key provisions in each section of the Americans with Disabilities Act and how they apply persons who have HIV or AIDS. 

Questions and Answers About Cancer in the Workplace and the Americans with Disabilities Act (ADA) (EEOC) 2005. This guide explains when cancer is a disability under the ADA; when an employer may ask an applicant or employee questions about his or her cancer and how it should treat voluntary disclosures; what types of reasonable accommodations employees with cancer may need; and, how employers can ensure that they do not discriminate against applicants and employees with cancer.

Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act (EEOC) 2006. The Q&A publication includes many real-life examples that illustrate the kinds of jobs that people with hearing loss successfully perform and the wide range of accommodations available.

Questions and Answers about Diabetes in the Workplace and the Americans with Disabilities Act (ADA) (EEOC) 2003. This guide explains how the ADA might apply to job applicants and employees with diabetes. It discusses when diabetes is a disability under the ADA; when an employer may ask an applicant or employee questions about her diabetes; what types of reasonable accommodations employees with diabetes may need; and, how an employer should handle safety concerns about applicants and employees with diabetes.

Questions and Answers about Health Care Workers and the Americans with Disabilities Act (EEOC) 2007. The Q&A fact sheet provides practical information about applying ADA employment rules in health care jobs, in a variety of settings - from public and private hospitals and nursing care facilities to doctors' and dentists' offices and diagnostic laboratories.

Questions & Answers About Persons with Intellectual Disabilities in the Workplace and the Americans with Disabilities Act (EEOC) 2004. This guide explains how the ADA might apply to job applicants and employees with intellectual disabilities. this guide discusses when a condition qualifies as a disability under the ADA; under what circumstances an employer may ask an applicant or employee or a third party (such as the family member of an applicant or employee) questions about an intellectual disability; what types of reasonable accommodations may be needed by applicants and employees with intellectual disabilities; how to address safety concerns and conduct issues in the workplace; and how an employer can prevent harassment of employees with intellectual disabilities.

Reasonable Accommodation for Attorneys With Disabilities (EEOC) 2006.
This fact sheet addresses the application of the reasonable accommodation obligation to attorneys and their employers

Reasonable Accommodation Under the Americans with Disabilities Act  (NIDRR/DOE) 4 pgs. 2000. Document describes "reasonable accommodation" and discusses the process of providing accommodations.  It also addresses the interaction of accommodations with safety concerns and worker misconduct issues.

Small Business Model Reasonable Accommodation Policy 2011.
Developed by the New Mexico Technology Assistance Project, Project RISE, and the Southwest ADA Center.

Small Employers and Reasonable Accommodations (EEOC) 1999.
This guide answers some of the key questions facing small businesses in connection with reasonable accommodations. It explains the obligations of both employers and individuals with disabilities, and reviews the limits on how far employers must go in providing reasonable accommodations

Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers (EEOC) 2012.

Work At Home/Telework as a Reasonable Accommodation (EEOC)
This fact sheet explains the ways that employers may allow an individual to work at home as a reasonable accommodation, including through existing company telework (also called telecommuting) programs.

Working Effectively with Employees Who Have Sustained a Brain Injury (NIDRR/DOE) 4 pgs. 2002. This document provides a general overview of what a brain injury is and outlines possible accommodations for persons that have sustained a brain injury.

Working Effectively with Individuals Who Are HIV-Positive (NIDRR/DOE) 4 pgs. 2001. Document clearly states that people with HIV are covered by the Americans with Disabilities Act. The issues of health-safety in the workplace as well as insurance benefits are discussed.  Resources are provided. 

Working Effectively with People Who Are Blind or Visually Impaired  (NIDRR/DOE) 4 pgs. 2000.   Informative document describes variations among visual impairments, lists many types of jobs people with vision impairment do and lists many suggestions for accommodating, training and supervising workers with vision impairments. 

Working Effectively with Persons Who Are Deaf or Hard of Hearing  (NIDRR/DOE) 4 pgs. 2002.  Informative brochure discusses the impact of hearing loss at work, types of jobs people with hearing impairments have and suggests a number of different ways in which to accommodate people with hearing impairments.  Resources are provided.

Working Effectively with Persons Who Have Cognitive Disabilities  (NIDRR/DOE) 4 pgs.2000. Informative brochure explains why someone with a cognitive disability may require a reasonable accommodation; discusses issues to consider in accommodating people with cognitive disabilities in the interview, training and work processes. 

Working Effectively with Employees who Have Epilepsy (NIDRR/DOE) 4 pgs. 2001.
A brochure on employees who have epilepsy and the Americans with Disabilities Act (ADA).

Working Effectively with People Who Have Learning Disabilities (NIDRR/DOE) 4 pgs. 2001.  Document defines learning disabilities, relates these disabilities to the Americans with Disabilities Act definition of disability, and discusses how to accommodate people with LD. 

Working Effectively with People with Attention Deficit/ Hyperactivity Disorder, (NIDRR/DOE) 4 pgs. 2001. Document discusses ADHD, relates it to the Americans with Disabilities Act definition of disability, and discusses how to accommodate people with ADHD.

Workplace Accommodations for Persons with Musculoskeletal Disorders  (NIDRR/DOE) 4 pgs. 2000.  Brochure defines musculoskeletal disorders and carefully guides employers through nondiscriminatory ways of interviewing, working with and ensuring the success of people with musculoskeletal disorders in the workplace.