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Limitations on ADA Requirements:
The ADA does not require employers to provide accommodations that pose an undue hardship on the employer or the business entity. The ADA defines "undue hardship" as accommodations that exceed the employer's financial resources or that would constitute significant hardship or difficulty for the employer (Halbert & Ingulli, 2008). In that regard, the ADA analysis of what accommodations are unduly difficult or expensive depends on specific factors such as the relative size and budget of the employing entity as well as the nature of the business, products, or services provided by that business.
The employer is not required to provide accommodations that would decrease the quality or the volume of the goods or services it provides, nor is the employer required to furnish specific personal items such as blood monitoring equipment, glasses, or hearing devices. Generally, the employer is only required to provide reasonable accommodations after the disabled applicant or employee makes a request for such accommodations, but employers are strictly prohibited from retaliating in any way against employees for requesting any reasonable accommodations (Dershowitz, 2002; Friedman, 2005; Halbert & Ingulli, 2008). Where the employee does not make such a request but the employer believes that the employee's disability is significantly interfering...
(Dershowitz, 2002).
The Benefits to the Employer of Complying with the ADA:
Besides being required by federal law, the accommodations required under the ADA allow employers to benefit from the talents and abilities of all qualified employees. (Equally important is the degree to which compliance demonstrates to all employees the employer's commitment to fairness and the well-being of it workforce Weaver, 2004).
Finally, ADA compliance is also associated with significant tax benefits intended to offset the expense of compliance.
References
Dershowitz, a.M. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown.
Friedman, L.M. (2005). A History of American Law. New York: Touchstone. Halbert, T., Ingulli, E. (2008). Law & Ethics in the Business Environment.
Cincinnati: West Legal Studies. Hall, K. (Ed.) (1992). The Oxford Companion to the Supreme Court of the United States.
New York: Oxford University Press
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