ADA When a Reasonable Accommodation Term Paper

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The union, however, must be part of the process of determining a reasonable accommodation where the reasonable accommodation would cause a material, substantial or significant change in working conditions" to the unionized employees (Johnson, 2007).

However, negotiating reasonable accommodations, "may conflict with the NLRA prohibitions on direct dealing and unilateral changes to terms and conditions of employment," which must be established during the collective bargaining process (Johnson, 2007). Thus the provisions of the ADA and NLRA may conflict. Furthermore, unlike Title VII, the "ADA does not contain an exception for collectively bargained seniority systems.

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Most likely, therefore, an employer can not automatically reject a requested accommodation that conflicts with or affects the terms of a collective bargaining agreement, such as request for a light duty job without the requisite seniority or a request for job restructuring, but must show that the accommodation would be an undue hardship, that is, unduly disruptive to other employees or to the functioning of the employer's business" (Johnson, 2007).

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