Lowering Production Standards as a Reasonable Accommodation

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Question

We have an employee with a disability who cannot meet the production standard of his position due to his disability. As a reasonable accommodation under the federal Americans with Disabilities Act (ADA), he is requesting that we lower the production standard for him. We have the same production standard for all employees in this individual’s specific position. Are we required to lower our production standard for him as a reasonable accommodation?

Answer

Employers may have to provide a reasonable accommodation to enable an individual with a disability to meet a qualification standard that is job-related and consistent with business necessity or to perform the essential functions of their position. A reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an applicant or employee with a disability to enjoy equal employment opportunities.

That said, an employer never has to provide an accommodation that would cause undue hardship, meaning significant difficulty or expense, which includes removing an essential function of the job. An employer may apply the same quantitative and qualitative requirements for performance of essential functions to an employee with advisability that the employer applies to employees without disabilities. An employee with a disability must meet the same production standards, whether quantitative or qualitative, as a nondisabled employee in the same job. Lowering or changing a production standard because an employee cannot meet it due to a disability is not considered a reasonable accommodation.

However, a reasonable accommodation may be required to assist an employee in meeting a specific production standard. Employers with specific questions about processing an employee’s accommodation request should consult local counsel for legal advice. Additional federal, state and/or local laws may also apply.