Americans With Disabilities Act, 42 U.S.C. §§ 12112(a), requires employers to provide reasonable
accommodation to otherwise qualified persons with a disability to enable them to work. The federal government
has a similar requirement under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. What is a
"reasonable" accommodation? This is a determination to be made on the facts by the employer on a case-bycase basis. Ultimately, the decision an employer makes may be reviewed by the Equal Employment
Opportunity Commission (EEOC) (or an equivalent state agency) or a court if challenged by an applicant or
employee.
PROMPT: CASE STUDY
Adele, a fully qualified specialized registered nurse, is deaf. She relies upon an American Sign Language
(ASL) interpreter to communicate with hearing individuals in the workplace. Adele applied for a job with
Marigold Mercy Receiving and Trauma Center ("MMRTC"), a large medical center that, with all its hubs and
subsidiaries, grossed $1.3 billion annually. Adele received a job offer, conditioned upon a health screening and
clearance by MMRTC's occupational health department. She is in fact cleared, but she notified MMRTC that
she needed an ASL interpreter as an accommodation for her hearing impairment. The annual salary, including
benefits, for her position was approximately $75,000. Upon investigation, MMRTC calculated that the annual
cost to MMRTC for the ASL interpreter accommodation would be $120,000; there was the need for a full time
interpreter for Adele, plus several situations where two ASL interpreters would be required. In considering
Adele's request for accommodation, the department's hiring supervisor wrote in an email that the department's
annual HR budget allocation of $3 million could not absorb the "excessive cost of the additional personnel" of
ASL qualified interpreters "for this one nurse." MMRTC determined the additional salary and personnel would
be an "undue hardship," making the accommodation unreasonable. Therefore, MMRTC did not hire Adele. Did
MMRTC violate ADA?
DISCUSS: Was MMRTC within its rights to refuse the accommodation and thus not hire Adele? In considering
this case, you should review: 1) what is considered a "reasonable" accommodation under ADA; (2) sample
accommodations listed by ADA (42 U.S.C. § 12111(9) (2018)) and the EEOC (www.eeoc.gov); and (3) the
definition and standard for "undue hardship" (42 U.S.C. § 12111(10)(a) (2018)). Please support your thoughts
and conclusion with reasoned analysis.
Sample Solution