Uploaded by Charles A. Lamberton

Reasonable Accommodations at Work

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Equal access to employment is not only crucial to an individual’s independence
and self-worth but is a legally protected right. When there is a barrier to
employment or job performance that is created by a disability, employers can
lower or remove that barrier by providing a reasonable accommodation to the
employee.
What is a Reasonable Accommodation?
A reasonable accommodation is an adjustment or change to some part of the job,
work environment, or hiring process. These modifications are required by the
Americans with Disabilities Act (ADA), and they enable individuals with
disabilities to have equal opportunities at work and to perform the duties of their
jobs.
What are Commonly Requested Accommodations?
While every individual is different and will be best accommodated based on their
disability, job tasks, and preferences, there are some common requests. These
include accessible parking for employees who cannot walk or traverse long
distances, computer software for people with visual impairments, ergonomic desks
or chairs for workers with back problems, or flexible scheduling to account for a
variety of needs.
Telework and flexible work schedules are common because of the wide range of
disabilities that can be accommodated with this type of change.
Reassignment to a new position within the company is also sometimes appropriate.
The existence of a disability does not make an employee any less valuable.
Allowing a worker to transfer from one job that they can no longer perform to a
position in which they can excel is beneficial for everyone.
How do Accommodations Work for Mental Health Conditions?
Oftentimes, discussions involving reasonable accommodations are focused on
physical disabilities and impairments. But employees with mental health
conditions that qualify for disability status under the ADA are also protected.
There are things that employers can do to improve working conditions for people
with mental health disabilities. Such accommodations can include:
- Alternative communication methods;
- Telework or other flexible work schedules;
-
Extended or increased breaks;
Liberal sick leave;
Workstation relocation to allow for privacy or noise reduction; and
Technology and tools to assist with organization and notetaking.
The most helpful accommodations are not a one-size-fits-all type of solution. Each
employee will have different needs to be met and should be consulted so the best
options can be implemented.
Which Employers are Required to Provide Reasonable Accommodations?
The ADA requires an employer with at least 15 employees to comply with the
regulations governing reasonable accommodations in the workplace. Government
agencies and other public institutions can sometimes be held to different standards.
Employers are not always required to provide an accommodation in every
situation.
How do These Laws Affect Job Applicants?
Job seekers and candidates are included in the ADA’s protections. While
employers are generally prohibited from asking if someone has a disability, there
are some exceptions. If the job candidate offers information about their disability,
the employer may discuss reasonable accommodations. This is also true in most
situations where a disability is obvious.
Reasonable accommodations must be provided to qualified applicants that will
allow them to have an equal opportunity to apply for the job.
Why do Employers Deny Reasonable Accommodation Requests?
One explanation for why an employer might deny a reasonable accommodation
request is that the requesting employee does not have a qualifying disability or has
not provided the required documentation to prove the existence of such a disability.
The employer may also insist that the employee is able to perform the essential
functions of the job without an accommodation, or that the requested
accommodation would not improve the worker’s ability to perform their job.
Requests that remove an essential function of the job are unreasonable.
If providing the requested accommodation would cause an undue hardship,
employers are not required to implement the request. This means that
accommodating the employee would be too expensive, disruptive, or wide-ranging,
or would change the way the business operates. A simple assumption or broad
statement that it cannot be done is not usually sufficient.
An assessment must be completed, and specific details should be included, such as:
-
The type and cost of the accommodation;
The expenses associated with implementing the requested changes;
The financial resources, size, and number employees at the company; and
The impact the accommodation would have on the operation of the business.
If cost is the only contributing factor to the denial of the accommodation, the
employer should look to outside sources that can assist with implementing the
request. The employee may also be given the opportunity to assist with the
associated costs.
Whenever possible, alternative accommodations should be considered. If there is a
secondary option that would not cause an undue hardship, then that option must be
pursued and provided instead.
What if No Undue Hardship Exists but the Request is Denied?
The EEOC looks for a number of things when investigating the denial of a
reasonable accommodation request. The following questions are usually asked:
-
Was an accommodation actually requested?
Was the employee otherwise qualified for the job?
Was a different accommodation offered?
Could a different accommodation have been effective?
This process is complex, stressful, and time-consuming, but investigators attempt
to find out if the denial was warranted or if an employee’s rights were violated.
What Other Mistakes Can Employers Make During the Process?
There are many ways that employers can make mistakes during the reasonable
accommodation process. Documentation errors are common, as are delayed
responses. There is no required period of time to provide an accommodation, but
delays could lead to trouble, and requests should be processed as quickly as
possible. Not being actively involved in the discussions is another area of potential
difficulty. Employers and employees must participate in conversations about
accommodations, and if the employer is absent or uninvolved, this could cause
problems.
How is a Reasonable Accommodation Request Started?
Because employers are only required to provide an accommodation for a disability
if they are aware of it, workers usually must request accommodation to begin the
interactive process.
When disclosing the information to a supervisor or human resources department, a
statement must be included that explains what sort of difficulty is occurring with
performing a certain area or task of the job. It is important to connect the request
for help to a physical or mental impairment.
It may be necessary to provide medical information or documentation if the reason
for the difficulty is not immediately obvious or easily noticeable. Documentation
of the disability from a doctor or other medical facility will usually suffice.
Once the employer and employee have decided upon an effective reasonable
accommodation, a plan should be made to put the changes into effect. Everyone
involved should also keep a detailed record of dates, actions taken, and details
discussed to ensure accurate documentation of the process exists.
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