Going about the workplace as an individual with a disability can present unique challenges, but reasonable accommodations are designed to ensure you can enjoy equal employment opportunities and succeed in your role.
The latest data, from the 2022 Behavioral Risk Factor Surveillance System (BRFSS), reveal that more than 1 in 4—over 70 million adults in the United States reported having a disability in 2022.
Unfortunately, many people do not know they can even make requests for their specific needs in the workplace.
For instance, blind requests adaptive equipment are more common than you may think. Similarly, others might want more than one accommodation in their workplace.
The main question is, how does this work?
It doesn’t matter if you’re entering the hiring process or are a long-time employee, understanding how to make an accommodation request is essential.
This guide covers everything you need to know about requesting reasonable accommodation, how employers are required to respond, and what resources are available to both employees and employers.
Understanding Reasonable Accommodations
Before we talk about reasonable accommodation, it’s necessary to know the details. So if you’re a new employee or a qualified applicant, this guide is perfect for you. Let’s brush through some basics such before moving on to the legalities.
Definition of Reasonable Accommodation
A reasonable accommodation refers to any change in the work environment or in customary practices that enables a qualified employee with a physical or mental impairment to perform the essential job functions.
Accommodations may include modifying work schedules, making existing facilities accessible, or providing adaptive equipment.
Employers must provide reasonable accommodations to all qualified employees, whether part-time, full-time, or probationary. However, accommodations cannot require the employer to:
- Eliminate essential functions of a job.
- Lower productivity standards.
- Provide personal-use items like wheelchairs or hearing aids for off-duty use.
The main idea of such accommodation requests is to help those who have trouble when they perform the essential functions.
Examples of Reasonable Accommodations
An individual with a disability can request a reasonable accommodation for various reasons. However, here are common examples of a request for reasonable accommodation that you need to know:
- Installing an accessible parking space for wheelchair users.
- Adjusting a scheduled starting time for an employee undergoing medical treatments.
- Providing qualified readers or sign language interpreters for employees with sensory impairments.
How an employer respond to such request can be a key player in the person’s career. Let’s look at how one should request the accommodation in the right way.
The Accommodation Request Process
Under the Americans with Disabilities Act (ADA), employers are required to follow a structured process to address reasonable accommodation requests from employees with disabilities.
1. Requesting an Accommodation
An individual may submit a reasonable accommodation request at any point—whether during the hiring process or while employed. Requests can be made verbally or in written form. For example:
- Verbal: “I need an accessible parking space to access the office.”
- Written: A letter confirming the medical need for a requested accommodation (e.g., adaptive equipment).
2. Interactive Process
Once an employee requests an accommodation, the employer and employee should engage in an interactive process. This dialogue identifies barriers and evaluates potential solutions. The steps include:
- Clarifying the initial request.
- Identifying reasonable accommodations that address the needs of the individual.
- Outlining the process, expected timelines, and key decision-makers.
Employers can request documentation if the disability or accommodation need isn’t immediately obvious. This documentation should substantiate:
- That the employee has a disability as defined by the Americans with Disabilities Act (ADA).
- That the particular reasonable accommodation is necessary to perform job tasks or gain equal access to workplace benefits.
Essential Functions and Job Performance
What Are Essential Functions?
Essential functions are the core responsibilities of a job. They are fundamental to why the position exists. Employers use criteria such as job descriptions, job duties, and the impact of non-performance to define these functions.
Accommodating Essential Functions
Employers must consider accommodations that allow employees to perform essential functions without undue burden. Examples include:
- Providing adaptive equipment for an employee with limited mobility.
- Offering training materials in braille or audio formats for visually impaired employees.
Accommodations are evaluated on a case-by-case basis, ensuring they are both effective and feasible.
Equal Employment Opportunity Commission (EEOC) Guidelines
EEOC Role in Reasonable Accommodations
The Equal Employment Opportunity Commission (EEOC) enforces the ADA and oversees disability employment policy. It provides tools like the Job Accommodation Network (JAN), which offers free guidance on:
- Accommodation ideas.
- Rights under the ADA.
- Strategies for effective implementation.
Undue Hardship and Burden of Proof
The ADA does not require employers to provide accommodations that cause an undue hardship. Undue hardship refers to accommodations that impose significant difficulty or expense relative to the particular employer’s resources.
If an employer denies an accommodation, they must demonstrate the hardship and explore other reasonable accommodation options. Employers cannot:
- Shift costs to the employee.
- Delay responses unnecessarily (unnecessary delays may violate the ADA).
Paying for Accommodations
Employer’s Responsibility
The employer is responsible for funding accommodations unless they cause undue hardship. For example:
- Covering the cost of wheelchair requests or installing ramps in the office building.
- Providing qualified readers for employees who are visually impaired.
Employers must consider external funding, such as state or federal grants, before claiming financial hardship.
Resources for Employees and Employers
Job Accommodation Network (JAN)
The Job Accommodation Network (JAN) offers invaluable resources for:
- Employees: Information about specific accommodation options.
- Employers: Guidance on compliance and effective accommodation implementation.
Additional Resources
- EEOC Resources: Guides for understanding employer obligations.
- ADA National Network: Helps state and local governments and employers ensure ADA compliance.
Disclosure and Confidentiality
Confidentiality of Medical Information
When an employee tells their employer about a disability or makes a request, the employer must keep the information confidential. Disclosure is limited to those involved in implementing the accommodation, such as HR or supervisors.
Accommodation Request Examples
Verbal Requests
- “I need adaptive equipment to perform my job tasks.”
- “I require a sign language interpreter for meetings.”
Written Requests
Include:
- A clear statement of the requested accommodation.
- Explanation of the relevant medical condition.
- Supporting medical documentation.
Reasonable Accommodations in the Workplace
Benefits and Privileges of Employment
Employers must ensure employees with disabilities can enjoy equal benefits of employment. Examples include:
- Access to training materials in alternative formats.
- Ensuring that employees with disabilities participate equally in company events.
Creating an Inclusive Work Environment
To implement accommodations effectively:
- Employers must provide training on accommodation policies.
- Regularly monitor and adjust accommodations to ensure their effectiveness.
By doing so, businesses foster a workplace where all employees thrive.
Conclusion
Requesting and implementing reasonable accommodations benefits both employees and employers, creating an environment of inclusivity and productivity.
Just remember, you can start by doing the basics. This can include engaging in an interactive process, adhering to ADA guidelines, and utilizing resources like the Job Accommodation Network, employees with disabilities can enjoy equal employment opportunities while employers maintain compliance with the law.
When approached with empathy and understanding, reasonable accommodations can transform the workplace into an equitable space for everyone.
Seek Legal Help with BLG
If you or someone around you is waiting for federal agencies or equal opportunity in the workplace, you might need to think of alternatives. Getting poor behavior or injustice from management or other employees is a big no.
Therefore, ensure reaching out to our professionals at Bourassa Law Group to get the legal assistance you deserve. Our professionals will guide you through the accommodation request for disabilities and get you your rights.
1-800-870-8910