Conclusion The Americans with Disabilities Act is an important law, helping millions of people with disabilities to join the nation's workforce.
Yet it is also a fairly recent law, which employers and courts are still working to understand and apply.
Thus, employers don't know whether it's their duty, or the employee's, to propose changes that would allow the employee to perform the job.
The EEOC's position is that the employer and employee should engage in an interactive process to discover what measures would be appropriate.
In addition, an employer must make "reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability." Congress might have stopped with this language and allowed employers and the courts to determine what steps reasonable accommodation required.Employers are only required to accommodate a disability of which they know.An employee cannot bring an ADA claim for an undisclosed condition unknown to the employer.The language of the ADA, however, is not precise as to the accommodations required.As a result, employers and employees are often in conflict over the nature and extent of accommodations the employer must provide.