Employers should provide modifications such as flexible schedules, readers (whether human or technological) and assistive technology (such as audio alarms) as reasonable accommodations for individuals with visual disabilities, as long as there's no undue hardship for businesses, the Equal Employment Opportunity Commission (EEOC) stated in updated guidance released July 26. The guidance, "Visual Disabilities in the Workplace and the Americans with Disabilities Act (ADA)," includes numerous examples of accommodations.
The document "provides a reminder of the duty to think creatively when an employee requests an accommodation or is in obvious need of an accommodation," said Peter Petesch, an attorney with Littler in Washington, D.C.
Flexible Schedules
In one example, the EEOC said that modifying work schedules—including facilitating the use of public transportation—is a possible reasonable accommodation unless it would pose an undue hardship.
If the employee's work requires close collaboration with colleagues and can be performed only with a team onsite, a flexible schedule might be an undue hardship, depending on the nature of the business, said Jim Paretti, an attorney with Littler in Washington, D.C. But if most of the employee's work is done independently, the EEOC would say the employer needs to offer this accommodation, he added.
"Evaluating this on a case-by-case basis, we can imagine it might be reasonable where it does not matter what time the employee starts and...
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