Transcript - slide 2

Under the ADA...

Job restructuring by reassigning a marginal or nonessential job duty is a reasonable accommodation.

An employer is not required to reassign an essential job function if the applicant with a disability is not qualified with or without an accommodation to complete all of the essential functions of a position.

Here is another example. Keith, a young man who experienced a severe traumatic brain injury four years ago, applies for a job as an inventory clerk at a local toy store. When reviewing the position description, Keith reads that the essential or major job duties involve unpacking, pricing, and shelving merchandise. He notices under other duties that the job includes unloading delivery trucks and changing ceiling light bulbs as needed. While Keith will be able to assist with unloading the trucks, he will not be able to change light bulbs. Keith has an unsteady gait and will not be able to climb a ladder to perform this nonessential or marginal job duty. During the interview, Keith asks the employer about the possibility of having this marginal job duty reassigned to another worker in exchange for another task. The employer agrees that it would be possible for a cashier to change the light bulbs in exchange for another marginal duty of retrieving customer shopping carts from the parking lot.

As each example illustrates, under the ADA, an employer may be required to reassign marginal duties. However, an employer would not be required to reallocate an essential job function, such as the receptionist’s duty of answering the telephone, or the stocker’s task of pricing merchandise, to another employee as a reasonable accommodation.

While reassigning or reallocating a marginal job duty, may be very effective for qualified individuals with disabilities, it may not result in employment for individuals with more significant support needs. This is due to the fact that some individuals with disabilities are not qualified to perform all of the essential job functions of a position, either with or without reasonable accommodation. Often, these are the individuals who have significant disabilities and need additional support in obtaining and maintaining employment. Vocational professionals who are serving these individuals need to be familiar with how to negotiate jobs that add value to business and capitalize on a particular job seeker’s strengths and abilities. This presentation will provide an overview on how this can be accomplished.