I think what it comes down to here is what section of the ADA Lynne is covered by. She is providing a service to the individual and is not employing them. If the claimant was eating at a restaurant, would it be a reasonable request to ask for somewhere to lay down? Or if she were shopping at Whole Foods or a mall? Public accommodations, in my understanding, are somewhat limited compared to employer accommodations in what they require to the provisions for accessible design, barrier removal, and allowing auxiliary services and aids. That said, I'm no expert and I only know what I have read. Legal counsel would probably be best in this regard.
One away around this, if you decide that accommodating a request would be unreasonable would be to break the evaluation into sections on different days. If you can show that you offered an alternative to her request, the wording of everything that I've read from ada.gov suggests that a suit would be unfounded.
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Marvin Bellows
marvinbellows@my.unt.edu
Denton, TX United States
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Original Message:
Sent: 08-28-2015 22:05
From: JoAnn Sharp
Subject: ADA and accessibility
The IW/claimant may need to lie down at lunch and "break" time. That is not unreasonable request under the ADA.
Sent from my iPhone