ADA “Job Accommodation”

Someone with a disability doesn’t necessarily need a job accommodation. Remember that we select people and place them in jobs if they are qualified for the performance of the essential functions, with or without a job accommodation. Someone with diabetes may have the disease under control with medication and proper diet. No accommodation would be required. However, if it were essential that the employee had food intake at certain times of the day, there could be a legitimate request for accommodating that
need. The employer might be asked to consistently permit the employee to have meal breaks at specific times each day. Job accommodations are situationally dependent. First, there must be a disability and an ability to do the essential functions of the job.

Next, there must be a request for accommodation from the employee. If there is no request for accommodation, no action is required by the employer. It is perfectly acceptable for an employer to request supporting documentation from medical experts identifying the disability. There might even be recommendations for specific accommodations, including those requested by the employee.

Once an accommodation is requested, the employer is obliged to enter into an interactive discussion with the employee. For example, an employee might ask for something specific, perhaps a new piece of equipment (a special ergonomic chair) that will eliminate the impact of disability on their job performance. The employer must consider that specific request. Employers are obligated to search for alternatives that could satisfy the accommodation request only when the specific request cannot be reasonably accommodated. This is the point where the Job Accommodation Network (JAN) can become a resource. It can often provide help for even questionable and unusual situations.

The employer must consider if making that accommodation would be an “undue hardship” considering all it would involve. You should note that most job accommodations carry a very low cost. Often they cost nothing. The larger an employer’s payroll headcount, the more difficult it is to fully justify using “undue hardship” as a reason for not agreeing to provide accommodation. Very large corporations or governments have vast resources, and the cost of one job accommodation, even if it does cost some large dollar amount, won’t likely cause an undue hardship on that employer.

Sharam Kohan
Sharam Kohan

Sharam Kohan: Biography

Sharam Kohan is a seasoned professional with an extensive background in law, human relations, and organizational leadership. Currently a degree candidate for an LLM at UC Berkeley Law, Sharam brings a unique blend of legal education, hands-on experience, and a deep commitment to social justice and human rights.

With a career that spans diverse sectors, Sharam's expertise extends far beyond the classroom. He has served as a Human Relations Commissioner, contributing his leadership to Alameda County’s Human Relations Commission, where he worked on initiatives to improve community relations and promote equity. His dedication to social change is also evident in his philanthropic efforts as a donor to organizations like FACES SF, which provides vital resources and support to the Bay Area’s underserved communities.

An advocate for labor and employment rights, Sharam holds a specialization in Employment Law from Temple University School of Law, which has furthered his ability to navigate complex legal frameworks. His professional journey includes leadership roles across human resources and operations, where he has honed his ability to manage teams, shape organizational culture, and implement effective strategies that drive success. He also holds SHRM certification, further solidifying his expertise in human resources management.

As a writer and thought leader, Sharam has authored multiple works that delve into complex philosophical and legal topics. His books, Judgment, a Priori Itself and Sartre’s Conception of Freedom, explore the intersections of law, philosophy, and human freedom, blending his academic background with a passion for intellectual inquiry. These works have garnered attention for their thoughtful analysis and exploration of complex ideas, establishing Sharam as a respected voice in both legal and philosophical circles.

Though not a traditional legal scholar, Sharam’s interdisciplinary approach to understanding law and society has made him a sought-after commentator on topics ranging from legal theory to organizational dynamics. His writing can be found on various platforms, including his blog at Harvard, where he shares insights on law, politics, and social issues.

Sharam Kohan is a dynamic and forward-thinking professional with the knowledge, experience, and passion to contribute meaningfully to the legal, social, and business landscapes.

For more on Sharam Kohan’s work, visit his blog at archive.blogs.harvard.edu/kohan and his author pages on Amazon, including Judgment, a Priori Itself and Sartre's Conception of Freedom.

Articles: 222