How to manage an employee’s request for ADA accommodation

The Americans with Disabilities Act (ADA) Title I mandates that employers provide reasonable accommodations for qualified applicants and employees with disabilities, unless such accommodations would impose undue hardship or present direct safety risks. These accommodations may involve modifying the work environment or altering typical job performance methods.

Addressing an accommodation request requires a comprehensive evaluation of the position’s core responsibilities and the constraints imposed by the employee’s disability. The aim is to pinpoint adjustments that enable the employee to fulfill their essential job functions.

Employers must examine key job requirements, foster open communication with the employee, and thoroughly assess the requested accommodation. An employer may deem an accommodation request as causing undue hardship if it would significantly strain financial resources or substantially disrupt operations.

This guide outlines the process for handling an accommodation request from an existing employee in compliance with ADA regulations.

Step 1:

Verify ADA Applicability Confirm that your organization falls under ADA jurisdiction. This includes employers with 15 or more staff members, as well as state and local government entities. Federal agencies are subject to the Rehabilitation Act of 1973, which offers comparable protections.

Step 2:

Examine Existing Protocols Ensure your organization has established procedures for managing disability accommodation requests. Take this opportunity to review job descriptions, ensuring they thoroughly detail all aspects of the role, including essential duties and physical requirements such as prolonged standing or heavy lifting.

Step 3:

Evaluate Employee Eligibility A “qualified” individual with a disability must possess the necessary skills, experience, and education for the job. They must be capable of performing essential functions with or without reasonable accommodation. Verify that the employee meets these criteria. (Refer to Step 5 for the assessment process.)

Step 4:

Commence the Collaborative Process Upon recognizing a potential need for accommodation, initiate a dialogue with the employee. This process involves exchanging information about the nature of the disability and its impact on job performance. Encourage transparent, cooperative communication to identify necessary adjustments.

While the ADA doesn’t mandate written requests, documenting the process is advisable. Request that employees provide relevant medical documentation outlining their condition, its severity, duration, and impact on job functions.

If further consultation with the employee’s healthcare provider is necessary, obtain written authorization from the employee. The healthcare provider must not disclose information about the employee’s disability without explicit permission.

Step 5:

Assess ADA Disability Status Utilize ADA guidelines and medical information to determine if the employee’s condition qualifies as a disability. The ADA defines a disability as: a) a physical or mental impairment that substantially limits a major life activity; b) a record of such an impairment; or c) being perceived as having such an impairment.

The ADA Amendments Act (ADAAA) enumerates conditions typically considered disabilities, including but not limited to deafness, blindness, intellectual disabilities, mobility impairments requiring wheelchair use, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV/AIDS, multiple sclerosis, muscular dystrophy, major depression, bipolar disorder, PTSD, OCD, and schizophrenia.

Major life activities encompass tasks such as self-care, manual tasks, vision, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Major bodily functions include immune system function, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Additionally, the ADA’s disability definition includes situations where an employer takes actions prohibited by the ADA based on an actual or perceived impairment. For instance, if a bank reassigns a teller with visible facial scars due to customer discomfort, this constitutes discrimination even if the employee’s job performance isn’t impaired.

The ADAAA stipulates that “mitigating measures” like medication or devices that alleviate or reduce the impairment’s impact cannot be considered when determining disability status. The focus should be on whether the individual would be substantially limited in performing a major life activity without the mitigating measure. However, this doesn’t apply to ordinary eyeglasses or contact lenses.

Employers must consider whether the impairment substantially limits a person’s ability to work or perform job-related tasks, even if it doesn’t impose significant limitations outside the workplace. For example, an employee might be able to drive a personal vehicle but face limitations in a job requiring commercial truck driving regulated by the U.S. Department of Transportation. In such cases, the ADA recognizes the employee as having a disability.

If uncertain about an employee’s disability status, employers should focus on assessing the accommodation request’s reasonableness rather than attempting to disprove the disability. Often, disability determination relies on judgment unless impairments are obvious and affect job functions, or if the healthcare provider supplies reliable information. For non-apparent disabilities, employers may inquire about the condition and its functional limitations as part of the interactive process (Step 4).

Employers should review all relevant factors to determine if a disability necessitates accommodation.

Step 6:

Identify Suitable Accommodations While the ADA doesn’t prescribe a specific accommodation process, employers should implement a meaningful policy. Accommodations may include workplace modifications such as job restructuring, transfers to vacant positions, facility accessibility improvements, alternative work schedules, equipment acquisition, or interpreter services for those with hearing or visual impairments.

Accommodations can vary widely in cost and scope, from inexpensive solutions like schedule adjustments to more substantial investments such as elevator installation or restroom modifications. The required accommodation will depend on the specific limitations of the disability and the employee’s ability to perform essential job duties.

Standardized accommodation may not suit all employees with similar disabilities but different impairments. Accommodation should address everyone’s unique circumstances.

The Job Accommodation Network offers free consultation services to assist employers in the accommodation process by providing information and accommodation ideas.

Employers must review the accommodation request from the employee or healthcare provider to determine if it would cause undue hardship. If the initial request is burdensome, explore alternatives that still meet the necessary needs cost-effectively.

Organizations should continue the interactive process until finding accommodations that satisfy both the employee and employer without causing undue hardship. Verification from the employee and their healthcare provider is crucial to ensure the accommodation won’t exacerbate the disability or create new issues.

Step 7:

Assess Reasonableness and Undue Hardship Exercise caution when citing undue hardship as grounds for denying an ADA accommodation request. The EEOC evaluates whether the accommodation request imposes undue hardship on the employer, considering both the accommodation cost and the employer’s financial resources. For example, a nonprofit organization might find a $1,000 ergonomic chair to be an undue hardship, whereas a profitable for-profit company may not.

Accommodations causing undue hardship typically involve extensive modifications that are excessively disruptive or fundamentally alter the nature of the job or business operations. Small businesses may find it challenging and impractical to restructure jobs for reasonable accommodation, while larger organizations might find it feasible and cost-effective.

Employee morale is not considered a valid undue hardship defense by the EEOC. Seek input from the employee’s supervisor, who understands job duties and the workplace environment, to evaluate feasible accommodations.

Large-scale modifications that alter essential job duties are not considered reasonable accommodations. For instance, removing driving responsibilities from a truck driver’s role would not be reasonable given the job’s primary purpose.

After deciding on specific accommodations, thoroughly document the process and decisions made.

Step 8:

Notify the Employee Human Resources must inform the employee in writing whether the requested accommodation is approved or denied, including details of the accommodation and the projected implementation date. Store all accommodation requests and related medical documentation separately from the employee’s personnel file to maintain confidentiality.

Step 9:

Monitor and Adjust as Necessary Remember that the accommodation process is dynamic. Be prepared to reassess and modify accommodation as the employee’s needs or business circumstances evolve.

Example 1:

Adjusting Work Hours:

An employee with extensive data entry experience, employed for six months, begins experiencing wrist pain. Her doctor diagnoses carpal tunnel syndrome and recommends reduced hours to prevent the condition from worsening. The employee submits a doctor’s note requesting a reduced schedule from her supervisor.

Following the accommodation process, the supervisor and HR review the request and determine it’s reasonable due to an available part-time position. They document and approve the request, ensuring all records are kept separate from the personnel file.

Example 2:

Approving Remote Work:

An employee who is morbidly obese, has knee problems, and recently returned from Family and Medical Leave reports performance issues attributed to medication. Although initially cleared for work, further discussions reveal the need for accommodation, such as working from home with adjusted hours, supported by documentation from the employee’s doctor.

After careful consideration and interactive dialogue, the manager and HR agree to the remote work arrangement. They plan to reassess the employee’s performance after 30 days, as per company policy. This arrangement and all related documentation are filed separately from the personnel file.

By adhering to these steps, employers can effectively manage ADA accommodation requests while maintaining compliance and supporting their employees’ needs. This approach not only ensures legal compliance but also fosters a more inclusive and productive work environment for all employees.