Once you have identified potential accommodations, it is your responsibility to determine whether the potential accommodations are reasonable and, if so, whether implementing them would impose an undue hardship on the Postal Service. The general test for reasonableness is a common-sense test: Determine whether the accommodation seems reasonable or typical under the circumstances; or in other words, whether employers, in general, would be inclined to provide the accommodation.
Sometimes an accommodation involves a job restructuring or altering the non-essential requirements of a particular job. However, the law does not require the Postal Service to change or alter the essential functions of a job. This is because of the following:
In other words, if an individual asks for an accommodation that excuses performing an essential function, the Postal Service should deny such an accommodation, not based on reasonableness, but because the individual requesting it is not qualified.
The law does not require reasonable accommodations that would impose an undue hardship on the Postal Service. Reasonableness focuses on what employers in general may view as an ordinary or usual accommodation.
“Undue hardship” focuses on specific impacts on the specific employer from which an individual has requested the accommodation. Undue hardship does not make an accommodation unreasonable. It excuses an employer from providing an accommodation that the employer has deemed generally reasonable due to specific burdens it would place on the specific employer – a significant difficulty or expense in providing the accommodation.
Factors, among others, to consider in determining whether an undue financial hardship exists are the following:
In addition, an accommodation may impose an undue hardship when it alters the fundamental nature of the business or operations. Factors to consider in this context include the following:
A strong fact-based analysis must underly the undue-hardship determination. The Postal Service does not accept generalizations or speculation about the effects or costs of accommodations.
The Postal Service may reject an accommodation that would require the Postal Service to violate the terms of a collective bargaining agreement.
If the accommodation involves a job restructuring, job reassignment, or work schedule modification, you must determine whether the proposed accommodation would violate the terms of the applicable collective bargaining agreement, and, if so, consult your area employment law office.
Remember, like the requirement that an individual with a disability be able to perform the essential functions of a position, an essential element of being qualified for every position is performing the duties of the position without posing a direct threat to the health or safety of the individual or others.
In some situations, the disability of an applicant or an employee may subject the employee, applicant, or others to a direct threat. You must determine whether an accommodation would reduce the risk of harm to an acceptable level. If no accommodation can adequately reduce or eliminate the direct threat, then the employer may deny employment to the job applicant or take other appropriate action concerning the employee because he or she is not qualified.
Before concluding that a person poses a direct threat with or without reasonable accommodation, you must verify that you based your conclusion on the following:
If you (the supervisor or manager) believe that the employee or applicant poses a direct threat with or without an accommodation, you must refer the individual to the RAC before making an employment or accommodation decision.
