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Questions concerning the relationship between the ADA and the Family and Medical Leave Act (FMLA) are examined as they affect leave and modified schedules.

Reassignment issues addressed include who is entitled to reassignment and the extent to which an employer must search for a vacant position.

A cashier easily becomes fatigued because of lupus and, as a result, has difficulty making it through her shift.

The employee requests a stool because sitting greatly reduces the fatigue.

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. 12112 (b)(5)(A) (1994) (it is a form of discrimination to fail to provide a reasonable accommodation "unless such covered entity can demonstrate that the accommodation would impose an undue hardship .

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This Guidance sets forth an employer's legal obligations regarding reasonable accommodation; however, employers may provide more than the law requires. This is "reasonable" because a TTY is a common device used to facilitate communication between hearing and hearing-impaired individuals. Moreover, it would be effective in enabling the employee to perform his job. Reasonable accommodation removes workplace barriers for individuals with disabilities. Reasonable accommodation is available to qualified applicants and employees with disabilities. For a further discussion of this issue, see Question 31, infra. "[W]ith or without reasonable accommodation" includes, if necessary, reassignment to a vacant position.

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