Navigating Reasonable Accommodations: Rights, Responsibilities, and Practical Solutions Under the ADA

The Americans with Disabilities Act (ADA) is a crucial civil rights legislation that strives to create equal opportunities for people with disabilities in various aspects of life, including employment. One essential component of the ADA is the provision of reasonable accommodations, which are modifications or adjustments made to the work environment, job duties, or application process. This comprehensive guide will delve into the concept of reasonable accommodations, discuss the rights and responsibilities of employers and employees, and provide practical examples.

Legal Background: The Americans with Disabilities Act and the Rehabilitation Act of 1973

The Americans with Disabilities Act (ADA) is a federal civil rights law designed to prevent discrimination against individuals with disabilities in several areas of public life, including privileges of employment. Title I of the ADA applies to employers with 15 or more employees and mandates them to provide reasonable accommodations for qualified individuals with disabilities. The Rehabilitation Act of 1973 complements the ADA, as it requires federal government employers and specific entities receiving federal funding to provide reasonable accommodations as well.

To qualify for reasonable accommodations under the ADA, an individual must meet the definition of "disability“ as defined in the act. The ADA’s definition is: a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

Additionally, the Americans with Disabilities Act Amendments Act (ADAAA) of 2008 broadened the definition of “disability” to include having a condition that substantially limits one or more major bodily functions.

Read More: The Americans with Disabilities Act Amendments Act of 2008

Reasonable Accommodations: Definition and Examples

Reasonable accommodations are modifications or adjustments made to the work environment, job duties, or application process that enable qualified individuals with disabilities to complete the essential functions of the job. Some common examples of reasonable accommodations include:

• Adjusting work schedules or break schedules, or allowing part-time work
• Providing interpreters, TTY devices, or assistive technology for effective communication
• Modifying equipment, such as ergonomic chairs or keyboards, or providing laptop stands or foot rests
• Presenting training materials or job-related information in alternative formats like large print or audio recordings
• Permitting service animals in the workplace
• Making facilities accessible by installing ramps or modifying restrooms
• Job restructuring to allow the employee to do more of the work they are able

The Interactive Process for Identifying and Implementing Reasonable Accommodations

The ADA necessitates employers and employees to engage in an interactive process to identify and implement effective reasonable accommodations. Employers should consider each request on a case-by-case basis and not treat any two requests the same.

This process typically involves:

• The employee requesting an accommodation, either verbally or in writing
• The employer and employee discussing the employee's needs, limitations, and potential accommodations
• If necessary, the employer requesting relevant medical documentation or input from the employee's health care provider
• The employer and employee agreeing on an appropriate accommodation and implementing it

Employers should consider using a digital case management product, like Disclo. Disclo allows employees to make their disability disclosure and submit a request for reasonable accommodation, following a simple, step-by-step, guided process that’s intuitive and easy to follow. Employer case managers can view accommodation requests, review details, follow a structured interactive process and make decisions.?

Understanding the Limits of Reasonable Accommodations: Undue Hardship

Employers are not obligated to provide accommodations that would cause undue hardship, defined as a significant difficulty or expense. Factors considered in determining whether an accommodation would cause undue hardship include:

• The nature and cost of the accommodation
• The financial resources of the employer
• The impact of the accommodation on the operation of the business

Before denying an accommodation request, employers should make sure they’ve considered all options for implementing any accommodation the employee has requested, as well as any alternate accommodations that would enable them to do the essential functions of the job.

Reassignment as a Last Resort Reasonable Accommodation

If a qualified employee with a disability can no longer perform the essential functions of their job, even with reasonable accommodations, reassignment to a vacant position may be considered as a last resort. The employee must be qualified for the new position, and the employer is not required to create a new position, promote the employee, or displace other employees to accommodate the reassignment.

The Role of the U. S.Equal Employment Opportunity Commission (EEOC) and the Department of Labor (DOL)

The EEOC is the federal agency responsible for enforcing the ADA's employment provisions. Individuals who believe they have been denied reasonable accommodations or discriminated against due to their disability can file a complaint with the EEOC. The agency may investigate the complaint, attempt to mediate a resolution between the parties, or take legal action on behalf of the individual.

The U.S. Department of Labor oversees the Job Accommodation Network (JAN), a free service that offers information and guidance on workplace accommodations and disability employment issues. Both employers and employees can consult JAN for practical guidance on identifying and implementing reasonable accommodations, as well as information on the ADA and other disability-related laws.

Read More: Fact Sheet: Disability Discrimination (EEOC)

Rights and Responsibilities of Employees and Employers

Under the ADA, employees have the right to make an accommodation request and receive reasonable accommodations, provided they are qualified individuals with disabilities and the accommodations do not cause undue hardship. Employees should communicate their needs and the type of accommodation they want to request (if known) to their employers as early as possible. Employees are to participate in the interactive process to help identify and implement effective accommodations.

Employers, on the other hand, have the responsibility to provide a reasonable accommodation process and engage in the interactive process with employees. They must also ensure that their hiring practices, work environment, and job tasks are accessible and inclusive for people with disabilities.

During the interactive process, employers must engage in a good-faith dialogue with the employee to identify possible accommodations. This dialogue should be interactive, meaning that both parties should be actively involved in the process. Employers should ask the employee how their medical condition affects their ability to perform their job, and the employee should provide information about their limitations and needs. This is an opportunity for the employer and employee to brainstorm accommodation options that will allow the employee to remain in their job and continue being productive, and for the employer to retain an experienced and valuable employee. If a manager isn’t sure how to handle a request, they are advised to seek consultation with their Human Resources representative.

Read More: What is the interactive process under the ADA?

Promoting a Disability-Inclusive Work Environment

In addition to providing reasonable accommodations, employers can take several proactive steps to create a more disability-inclusive work environment:

• Develop and implement strong anti-discrimination policies and communicate them clearly to all employees
• Provide disability awareness training to staff to foster understanding and empathy
• Ensure that job postings, interviews, and hiring processes are accessible and inclusive
• Regularly review and update workplace policies and practices to ensure compliance with the ADA and other disability-related laws

Telework, Assistive Technologies, and Personal Assistance: Expanding the Scope of Reasonable Accommodations

With advances in technology and the changing nature of work, reasonable accommodations have expanded to include a broader range of solutions, such as:

• Telework or remote work arrangements, enabling employees to work from home or another location outside the office, either full-time of flexibly
• Assistive technologies, such as screen readers, hearing aids, or speech-to-text software, which can help employees with various functional limitations perform their job tasks more effectively
• Personal assistance, including sign language interpreters, personal attendants, or job coaches, to provide individualized support for employees with disabilities in the workplace

Conclusion

Understanding and implementing reasonable accommodations is essential for promoting equal employment opportunities for people with disabilities and ensuring compliance with the ADA and other disability-related laws. By engaging in the interactive process, providing effective accommodations, and fostering a disability-inclusive work environment, employers can help create a more equitable and inclusive workplace for all. With increased awareness and a commitment to disability inclusion, we can work together to break down barriers and support the success of individuals with disabilities in the workforce.

FAQs About Reasonable Accommodations

Q: Can an employer require medical documentation to support a request for reasonable accommodations?

A: Yes, an employer can request relevant medical documentation to support a request for accommodations, provided the information is kept confidential, kept separately from employment files, and used only to determine the appropriate accommodation.

Q: Can an employer deny a request for reasonable accommodations if it would result in a significant financial burden?

A: If providing the requested accommodation would result in an undue hardship, such as a significant financial burden, the employer may deny the request. However, the employer should still engage in the interactive process to determine if there are alternative accommodations that would not cause undue hardship.

Employers should note that the EEOC does not have a certain definition or specific threshold to define "financial burden.” It takes into consideration the company’s size and financial resources of the employer against the cost of and difficulty of the specific accommodation being requested.

Q: Are reasonable accommodations limited to the workplace?

A: No, reasonable accommodations may also be required in the job application process or during interviews for any qualified applicants, in the provision of training materials or job-related information, and in other privileges of employment.

Q: What if my company doesn’t have a documented process for requesting a reasonable accommodation?

A: In the event an employer doesn’t yet have a process or standard form they use, Disclo has created a guide for employers and a form template that employees can use to submit their request. See the following article for guidance and a link to the request template: Interactive Accommodations Request Form

Additional Resources

Disclo has prepared many helpful articles and resources for employers and employees to reference. A few that may be of interest:

What is the Interactive Process under the ADA?

• Best Practices for Implementing Accommodations
• Manager Guide to Communicating with Employees with Disabilities
• Legal Compliance Checklist for Workplace Accommodations

#ADAInteractiveProcess, #ADADisabilityAccommodations, #ADACompliance, #DisabilityRights, #Accessibility, #ReasonableAccommodation, #InclusiveWorkplace, #EmploymentLaw, #HRCompliance, #EqualOpportunityEmployer.