Can an employer contract away its duty to provide accessible training sites?
Issue:

You’ve just learned the training company that was selected to provide training to your employees is planning to conduct that training at a site that is inaccessible to employees who use wheelchairs. The contract specifically places the responsibility for accessibility on the training company. Must you act on this knowledge or does the contract relieve your organization of its duty to accommodate individuals with disabilities?
Answer:    

Your organization cannot contract away its duty to make reasonable accommodation for individuals with disabilities; it remains responsible for providing an accommodation that would enable employees who use wheelchairs to obtain the training. You can accomplish this in several ways. You could:

  • require the training company to relocate the program to an accessible site;
  • require the company to make the site accessible;
  • make the site accessible or provide resources that enable the training company to do so;
  • contract with another training company that uses accessible sites;
  • pay to have the employee trained at another location, either one-on-one or with other employees who may have missed the training for other reasons; or
  • provide any other accommodation (such as temporary ramps) that would not impose an undue hardship.

Source: 29 CFR Part 1630, Appendix Section 1630.6.
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