Structuring a Written
Request for Reasonable
Accommodation
John Patrick Evans, CRC
Statewide Program Administrator – Corporate Relations
Washington State Department Social Health Services
Division of Vocational Rehabilitation
EvansJP@dshs.wa.gov
October 2003
Reasonable Accommodation
A logical change in the work
environment or in the way things
are customarily done that enables
an otherwise qualified individual
with a disability to enjoy equal
employment opportunities.
Reasonable Accommodation
The reasonable accommodation
process is best understood as a
means by which barriers to the
equal opportunity of an
individual with a disability are
removed, reduced or alleviated.
Responsibility – Covered Entity

The ADA requires covered entities,
including private employers, to provide
reasonable accommodation to the known
physical or mental limitations of an
otherwise qualified individual with
disability who is an applicant or
employee, unless such covered entity can
demonstrate that the accommodation
would impose an undue hardship.
42
U.S.C. 12112(b)(5)(A)
Responsibility – Covered Entity

If an individual with a disability who is
otherwise qualified, cannot perform
one or more essential job functions
because of his or her disability, the
employer, in assessing whether the
person is qualified to do the job,
must consider whether there are
modifications or adjustments that
would enable the person to perform
these functions.
Responsibility – Covered Entity
The responsibility to provide reasonable
accommodation in employment settings often
fall into three categories:
Those that ensure equal opportunity in the
application process
Those that enable workers with disabilities to
perform a position’s essential functions
Those that enable workers with disabilities to enjoy
the same benefits and privileges of employment as
enjoyed by workers without disabilities
Responsibility – Covered Entity
Reasonable accommodation for students
with disabilities shall be provided as
appropriate for all aspects of college and
university life, including but not limited
to: Recruitment, the application process,
enrollment, registration, financial aid,
coursework, research, academic
counseling, housing programs owned or
operated by the institution of higher
education, and nonacademic programs
and services.
RCW 28B.10.914
Responsibility – Covered Entity
Higher Education
It is the institution of higher education’s
responsibility to provide auxiliary aids
and services in a timely manner to
ensure effective participation by students
with disabilities. If students are being
evaluated to determine their eligibility,
the institution must provide auxiliary aids
in the interim.
RCW 28B.10.910
Responsibility – P.W.D.
A postsecondary student with a
disability who is in need of auxiliary
aids is obligated to provide notification
of the nature of the disabling
condition to the recipient and to assist
the recipient in identifying appropriate
and effective auxiliary aids. The
student must give adequate notice of
the need.
RCW 28B.10.910
Definition of Disability
State
A disability is defined as:
Includes, but is not limited to, circumstances where a
sensory, mental or physical condition:
(a) Is medically cognizable or diagnosable;
(b) Exists as a record or history; or
(c) Is perceived to exist, whether or not it
exists in fact.
RCW 49.60
WAC 162-22
Definition of Disability
Affirmative Action

Under WAC 162-22-030, for purposes
of affirmative action, the impairments
must be material rather than slight,
static and permanent in that they are
seldom fully corrected by medical
replacement, therapy, or surgical
means.
Definition of Disability
Federal
A disability is defined as:
(A) physical or mental impairment that substantially
limits one or more major life activities
(b) A record of such an impairment
(c) Being regarded as having such an
impairment
42 U.S.C. 12102(2)
Definition of Disability
Physical impairment means:
Any physiological disorder, or condition, cosmetic
disfigurement, or anatomical loss affecting one or
more of the following body systems:
-
neurological
musculoskeletal
cardiovascular
digestive
hemic & lymphatic
29 CFR 1630.2(h)
45 CFR 84.3(j)(2)(i)
- special sense organs
- respiratory
- reproductive
- genito-urinary
- skin & endocrine
Definition of Disability
Mental impairment means:
Any mental or psychological disorder such
as:
- mental retardation - emotional or mental
- specific learning
illness
disabilities
- organic brain
syndrome
29 CFR 1630.2(h)
45 CFR 84.3(j)(2)(i)
Definition of Disability
It is insufficient for individuals attempting
to prove disability status under the Act to
merely submit evidence of a medical
diagnosis of an impairment. Instead the
ADA requires those claiming protection to
prove a disability by offering evidence
that the extent of the limitation [caused
by their impairment], in terms of their
own experience, is substantial.
Albertsons, Inc. vs Kirkingburg
Definition of Disability
-
To qualify as disabled under subsection (a) of
the ADA’s definition of disability, a claimant
must initially prove that he or she has a
physical or mental impairment.
-
Merely having an impairment does not make
one disabled for purposes of the ADA.
Claimants also need to demonstrate that the
impairment limits a major life activity.
-
A claimant must further show that the
limitation on the major life activity is
substantial.
-
42 U.S.C. 12102(2)(A)
Definition of Disability
Substantially limited means unable to perform a
major life activity that the average person in
the general population can perform; or
significantly restricted as to the condition,
manner or duration under which an individual
can perform a particular major life activity as
compared to the condition, manner or duration
under which the average person in the general
population can perform that same major life
activity.
29 CFR 1630.2(j)(i)
Definition of Disability
In determining whether an individual is
substantially limited in a major life activity,
the regulations instruct that the following
factors should be considered:
- the nature and severity of the impairment
- the duration or expected duration of the
impairment
- the permanent or long-term impact, or the
expected permanent or long-term impact
of or resulting from the impairment
29 CFR 1630.2(j)(2)(i)(iii)
Definition of Disability
-
Major Life Activities refers to those activities
that are of central importance to daily life.
Major in the phase major life activities means
important.
-
The determination of whether an individual
has a disability is not necessarily based on the
name or diagnosis of the impairment the
person has, but rather on the effect of that
impairment on the life of the individual.
-
The determination of whether an individual is
substantially limited in a major life activity
must be made on a case-by-case basis.
-
Toyota Vs Williams
Definition of Disability
Major life activities means:
- Caring for oneself
-
-
Walking
Hearing
Breathing
Working
-
-
29 CFR 1630.2(i)
-
45 CFR 84.3(j)(2)(ii)
- Performing manual
tasks
- Seeing
- Speaking
- Learning
Definition of Disability
Mitigating Measures
- U.S. Supreme Court has held that corrective or “mitigating”
measures must be considered in determining whether a person
has a disability under the ADA.
- The focus on what a mitigating measure is must remain in the
“present indicative tense”, not on what might, could, or should
be.
- While mitigating measures may limit the extent to which an
impairment is disabling, “the disability definition does not turn on
personal choice”.
- The “negative effects of mitigating measures” must be
considered, such as the side effects of medications.
Sutton Vs United Air Lines, Inc.
Bragdon Vs Abbott
Definition of Disability
That the ADA’s disability definition
applies not only to the portion of the
ADA dealing with employment, but also
to the other provisions dealing with
public transportation and public
accommodations, demonstrates that the
definition is intended to cover
individuals with disabling impairments
regardless of whether they have any
connection to a workplace.
Toyota Vs Williams
Definition of Disability
Institutions of higher education
may, in response to a request for
auxiliary aids, make reasonable
requests that the student provide
supporting diagnostic test results
and professional prescriptions for
auxiliary aids.
RCW 28B.10.912
Qualified Individual with Disability
To be protected by the ADA, a
person must not only be an
individual with a disability, but
must be qualified. An employer is
not required to hire or retain an
individual who is not qualified to
perform a job.
Qualified Individual with Disability
An individual with a disability who
satisfies the requisite skill, experience,
education and other job related
requirements of the position the
person holds or desires and who,
with or without reasonable
accommodation, can perform the
essential functions of such a position.
Qualified Individual with Disability
An individual who, with or without reasonable
modifications to rules, policies, and practices,
the removal of architectural, communication or
transportation barriers, or the provision of
auxiliary aids and services, meets the essential
eligibility requirements for the receipt of
services or the participation in programs or
activities provided.
42 USC sec. 12131(2)
28 CFR sec. 35.104
Reasonable Accommodation
Job restructuring
Part-time or modified work schedules
Reassignment to a vacant position
Making existing facilities used by employees
accessible to individuals with disabilities
Acquisition of auxiliary aides, equipment and/or
services
Appropriate adjustment of examinations, training
materials or policies
Reasonable Accommodation
Provide personal assistants to help with specific
duties related to the job
Allow an individual with a disability to provide and
use equipment, aids, or services that an employer is
not required to provide
Permitting use of accrued paid leave or providing
additional unpaid leave for necessary treatment
Changing when or how an essential function is
performed
Reasonable Accommodation
Examples - Sensory Disability
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Clear Expectations (long & short
term)
Qualified Interpreter
Assistive Listening Devices
Notetaker / Tape Recordings
Printed Materials
Telecommunication Device / Deaf
Captioned Materials
Reasonable Accommodation
Examples - Mental Disability

Flexible Schedule / Breaks

Clear Expectations
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(short & long term)
Virtual Classroom / Work Station
Tape Recordings / Notetaker
Reduce Distractions (visual/auditory)
Tutor / Mentor
Positive Praise / Reinforcement
Reasonable Accommodation
Examples - Physical Disability
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Accessible Facilities
Proper Lighting
Alternate Formats
Ergonomic Workstation
Transportation Assistance
Reasonable Accommodation
Examples - Visual Disability
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Qualified Readers
Audio Recordings
Large Print
Braille Materials
ASCII Diskettes
Transportation Assistance
Reasonable Accommodation
Student Settings
Auxiliary aids and services may include:
– taped texts
– qualified interpreters
– note takers
– readers
– student tutors
– television enlargers
– talking calculators
– reaching device for library use
Reasonable Accommodation
Student Settings
Auxiliary aids and services may include:
– electronic readers
– Braille calculators, printers, or typewriters
– voice synthesizers
– assistance in filling out forms
– specialized gym equipment
– calculators or keyboards with large buttons
– raised-line drawing kits
Reasonable Accommodation
The institution of higher
education may, on its own, obtain
a professional determination of
whether requested auxiliary aids
are necessary and, if so, what
kind.
RCW 28B.10.912
Personal Devices and
Services
Recipients need not provide
attendants, individually prescribed
devices such wheelchairs, hearing
aids or prescription eyeglasses,
readers for personal use or study, or
other devices or services of a
personal nature.
28 CFR sec. 35.1356
Undue Hardship
An individuals need for accommodation
cannot enter into the employers or
covered entity’s decision regarding hiring,
discharge, promotion, or other similar
employment decisions, unless the
accommodation would impose an undue
hardship on the employer.
Undue Hardship
Undue hardship refers to any
accommodation that would be
unduly costly, extensive,
substantial, or disruptive, or
that would fundamentally alter
the nature or operation of the
business.
Fundamental Alteration or
Undue Burden
If an aid or service is necessary for
classroom or other appropriate
(nonpersonal) use, the institution
must make it available unless the
requested accommodation would
result in a fundamental alteration or
undue burden.
RCW 28B.10.910
28 CFR sec. 35.104, 35.160(b), 35.164
Fundamental Alteration or
Undue Burden
The decision that fundamental alteration
or undue burden would result must be
made by the head of the covered entity or
his/her designee, but in any case, by a
high-level official, no lower than a
department head, having budgetary
authority and responsibility for making
spending decisions.
28 CFR sec. 35.164
Fundamental Alteration or
Undue Burden
A decision of fundamental
alteration or undue burden must
be documented in a written
statement, including the reasons
for reaching the conclusion that
fundamental alteration or undue
burden would result.
28 CFR sec. 35.164