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ENFORCEMENT GUIDANCE: REASONABLE ACCOMMODATION AND UNDUE HARDSHIP UNDER THE AMERICANS WITH DISABILITIES ACT The U.S. Equal Employment Opportunity Commission NOTICE Number 915.002 EEOC October 17, 2002 • SUBJECT: EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act • PURPOSE: This enforcement guidance supersedes the enforcement guidance issued by the Commission on 03/01/99. Most of the original guidance remains the same, but limited changes have been made as a result of: (1) the Supreme Court's decision in US Airways, Inc. Barnett, 535 U.S., 122 S. 1516 (2002), and (2) the Commission's issuance of new regulations under section 501 of the Rehabilitation Act. The major changes in response to the Barnett decision are found on pages 4-5, 44-45, and 61-62.

In addition, minor changes were made to certain footnotes and the Instructions for Investigators as a result of the Barnett decision and the new section 501 regulations. • EFFECTIVE DATE: Upon receipt. • EXPIRATION DATE: As an exception to EEOC Order 205.001, Appendix B, Attachment 4,. A(5), this Notice will remain in effect until rescinded or superseded.

• ORIGINATOR: ADA Division, Office of Legal Counsel. • INSTRUCTIONS: File after Section 902 of Volume II of the Compliance Manual.

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Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act. The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25, 2008 and becomes effective January 1, 2009. Because this law makes several significant changes, including changes to the definition of the term 'disability,' the EEOC will be evaluating the impact of these changes on this document and other publications. See the made by the ADA Amendments Act. Table of Contents This Enforcement Guidance clarifies the rights and responsibilities of employers and individuals with disabilities regarding reasonable accommodation and undue hardship. Title I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.