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FAILURE TO ACCOMMODATE

Typically used in employment law regarding discrimination and accomodation of disabilities. In some jurisdictions the law requires that an employer provide reasonable accommodation so as to allow one to perform their duties in the workplace. Under the ADA (Americans with Disabilities Act), a reasonable accommodation may include job restructuring, a modified work schedule such as part time work, the reassignment to a vacant position for which the employee is qualified and the provision of qualified interpreters. The term reasonable accommodation does not require an employer to change or eliminate an essential function of the job or employment, the shifting of any essential functions of the job to other employees, to create a new position for or to promote the employee or to reduce the level of productivity that is required or which may be standard at the workplace.

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