This accommodation is reasonable because it is a common-sense solution to remove a workplace barrier being required to stand when the job can be effectively performed sitting down. 1630.2(o), (p) (1997); see also Senate Report, supra note 6, at 31-35; House Education and Labor Report, supra note 6, at 57-58.
This "reasonable" accommodation is effective because it addresses the employee's fatigue and enables her to perform her job.
Although many individuals with disabilities can apply for and perform jobs without any reasonable accommodations, there are workplace barriers that keep others from performing jobs which they could do with some form of accommodation.
These barriers may be physical obstacles (such as inaccessible facilities or equipment), or they may be procedures or rules (such as rules concerning when work is performed, when breaks are taken, or how essential or marginal functions are performed).
The Guidance discusses reasonable accommodations applicable to the hiring process and to the benefits and privileges of employment.
The Guidance also covers different types of reasonable accommodations related to job performance, including job restructuring, leave, modified or part-time schedules, modified workplace policies, and reassignment.
A cleaning company rotates its staff to different floors on a monthly basis. While his mental illness does not affect his ability to perform the various cleaning functions, it does make it difficult to adjust to alterations in his daily routine.
The employee has had significant difficulty adjusting to the monthly changes in floor assignments.
This Guidance sets forth an employer's legal obligations regarding reasonable accommodation; however, employers may provide more than the law requires. They also appear to be effective because they would enable him to perform his cleaning duties.