Julio's employer often sees him suddenly falling asleep while waiting at the restaurant for his next delivery assignment.
The employer is concerned that Julio might fall asleep while driving and cause an accident, hurting himself and others.
The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25, 2008 and becomes effective January 1, 2009.
Because this law makes several significant changes, including changes to the definition of the term "disability," the EEOC will be evaluating the impact of these changes on this document and other publications.
The ADA lets the employer hire the most qualified person for the job, regardless of disability. Does the ADA allow an employer to consider the difficulty or expense of a reasonable accommodation? The ADA requires employers to provide reasonable accommodation to a qualified person with a disability unless to do so would be an "undue hardship." Undue hardship means significant difficulty or expense.
A requested reasonable accommodation poses an undue hardship if: If the employer can show that one particular reasonable accommodation will cause an undue hardship, it is not required to provide that reasonable accommodation. Example 4: Ashley applies for a wait staff position at a nightclub.
The employer would probably be able to show that this accommodation poses an undue hardship.
It does not protect people with minor, short-term conditions.When the employer asks Julio about his habit of falling asleep suddenly, Julio states that he has been diagnosed with sleep apnea.Based on this information, the employer may ask Julio medical questions or require that he take a medical exam to figure out if he is a direct threat when driving.An employer must not rely on rumors or on general information about a medical condition.Instead, an employer must figure out, based on facts, whether the individual in question poses a direct threat. His job requires driving a delivery car most of the day.