Reasonable Accommodations in Employment

Law-In-Brief: Employment #2

Date:  September 17, 2002

Prepared by:  Elizabeth Baldwin

Your right to reasonable accommodations

The Americans with Disabilities Act (ADA) states that many employers must make “reasonable accommodations” for qualified applicants and employees who have disabilities unless making those accommodations causes an undue hardship.  This law was designed to help people with disabilities enjoy equal opportunity in employment. 

Are all employers required to make reasonable accommodations?

No.  The ADA only covers businesses that employ 15 or more people.  Washington state has an anti-discrimination law which requires that employers of only eight or more people must make reasonable accommodations.  Therefore, Washington law applies to some employers who are not covered by the ADA.

What is a “reasonable accommodation?”

A reasonable accommodation is a change employers make to the way work is done, or to buildings, furniture, entrances, or equipment, so that people with disabilities can (1) apply for a job; (2) access the building or work area; (3) perform essential tasks and duties of the job; and (4) achieve effective communication; and ultimately (5) enjoy equal opportunity in employment.

How do I know if the accommodation I need is considered reasonable?

The ADA does not give a clear definition of reasonable accommodation.  But here are some examples of common accommodations made by employers: (1) making physical changes to workplace; (2) changing work schedules; (3) changing or adding technical equipment; (4) re-assigning an employee to a vacant position; (5) allowing an individual to work from home; (6) providing interpreters; and (7) telecommuting.  However, every case is different.  What is reasonable for one employer may not be reasonable for another employer.   When you try to decide whether your request is reasonable, keep the following three points in mind:

First, as an applicant or employee, your request will not be considered reasonable if it imposes an undue hardship on the employer. 

Second, a request will not be considered reasonable if the accommodation requested changes or eliminates one of the essential functions of the job. 

Third, an employer can refuse to hire a person because of his disability if the person poses a ”direct threat” to the health or safety of others in the workplace – unless the risk can be eliminated by a “reasonable accommodation”.

If you still have questions about whether the accommodation you want to request is reasonable, the Equal Employment Opportunity Commission (EEOC) provides guidance to assist employers and consumers in making this determination. You can visit the Equal Employment Opportunity Commission website at: http://www.eeoc.gov/facts/accommodation.html, or call the EEOC at 1-800-669-3362.  You can also call the Northwest ADA/IT center: 1-800-949-4232

What is an “undue hardship?” 

An accommodation that creates an “undue hardship” would cause the employer significant difficulty or expense.  In other words, an accommodation causing an undue hardship is so hard to do physically, or so expensive compared to the size and financial means of a business, that the employer is not required by law to do it.

Determining if a reasonable accommodation causes an employer significant difficulty or expense involves weighing many factors.  Some of these factors include: (1) the nature and cost of the accommodation; (2) the financial resources of the employer; (3) the number of persons employed by the employer; and (4) the impact of making the accommodation on the business.  Again, if you want more details about whether the accommodation you need would cause a significant difficulty or expense contact the EEOC.

Does the ADA apply to all job applicants and employees with disabilities?

No.  The ADA says that the applicant or employee must be qualified for the job.  This means that if the applicant or employee cannot perform an essential function of a job, with or without accommodation, s/he will NOT be considered a qualified individual with a disability with respect to that job.  In other words, to be qualified for a job, you must be able to perform the essential functions of the job.  If you need accommodations in order to do those essential functions, you WILL be qualified as long as the accommodations you need are reasonable for the employer to make.

What does “essential function” mean?

“Essential functions” are those fundamental job tasks and responsibilities that the individual who holds the job would have to perform, with or without reasonable accommodation, in order to be considered qualified for the position.

Generally speaking, essential functions include the basic duties of a job (i.e., the ability to use a hammer might be an essential function of the job of a carpenter).  Employers are not required to lower production standards if a person with a disability cannot meet the standard.

Nevertheless, working people often have many essential “tasks and responsibilities” to fulfill.  These tasks and responsibilities could be of a physical or mental nature.  They could involve administrative tasks and responsibilities; they could also involve using certain kinds of equipment.  These tasks and responsibilities could involve workplace conduct, productivity levels, or the health and safety of employees and others.

Who decides what the essential functions of a job are?

The employer does.  It is the employer’s responsibility to define the essential functions of the job s/he is offering.  These essential functions should be in a written job description prior to an applicant’s interview or selection.

How will I know what the essential functions of the job are?

You will need to ask what the essential functions of the job are.  Before making a request for accommodation, it is a good idea to ask the employer for a copy of a written job description outlining the essential functions of the job you are seeking.  This way you can think carefully about whether you are qualified for the job.  In addition, if you have a written job description, you will have evidence of what the employer considered the essential functions of the job prior to interviewing you.  This evidence might come in handy if you ever have a dispute with the employer about your qualifications for the position or whether reasonable accommodations should be provided.

Who is responsible for arranging reasonable accommodations?

You and your employer are both responsible for arranging reasonable accommodations.  In other words, arranging reasonable accommodations should be cooperative effort. 

First, employers are required to inform qualified employees and applicants about their right to request reasonable accommodations.  Most employers post this information somewhere in the workplace, in an employee common area, or they include the information in the employee handbook.

Second, employees or applicants must inform the employer of their need for reasonable accommodations. Employers are not required to provide accommodations if they are unaware of the need for them.  Thus, it is the responsibility of the applicant or employee to inform the employer of limitations caused by his or her disability and to alert the employer of the need for an accommodation.

Third, the employer is responsible for making the actual reasonable accommodation.  For instance, ordering or making the accommodation, or giving you the go ahead, including the money, to make the accommodation yourself.

My employer must know that I have a disability, since she has seen how difficult it is for me to enter and exit our office building.  Isn’t she automatically supposed to accommodate my disability?

No.  Your employer may be required to make reasonable accommodations for you, but not automatically.  First, you must make sure that your employer understands that you have a need for accommodations and that you have a disability recognized by the ADA or state or local law.  Next, you and your employer must discuss your needs so that you both can determine the best solution.  Remember, your employer may not know that you have a disability or what type of accommodation you need, even if it seems obvious to you (or to most people).

If I have a disability, how much should I tell my employer about my medical history, and when do I HAVE to tell him or her about it?

You do not HAVE to tell your employer anything about your disability unless that disability interferes with your ability to perform the essential functions of the job and you are seeking a reasonable accommodation as a solution. 

The ADA does not require you to provide medical documentation upon making such a request, but you may choose to give your employer documentation right away so that he or she knows that you are a person protected by the ADA.  This could help you to avoid some conflict. 

In addition, the ADA authorizes your employer to request medical documentation before s/he has to provide you with reasonable accommodations.  Therefore, you should be ready to provide the employer with medical documentation if s/he requests documentation as verification of your disability.  Once you ask for accommodations, s/he is allowed to ask you for medical verification. 

What if I am not requesting a reasonable accommodation?  Can my employer ask me to take a medical examination or demand that I give my medical records?

Not necessarily.  If you are not requesting a “reasonable accommodation,” the ADA grants employers different rights to information about your disability depending on where you are in the employment process.  Read the following three scenarios for a more complete explanation:

(1) Before the employer offers you a job: Prior to making you an offer of employment, employers are not allowed to ask any disability-related questions regarding the nature or severity of your disability.  They are also prohibited from demanding that you take a medical examination, even if the examination is related to the job.  In addition, before offering you the job, the employer may not attempt to get this information from you by asking indirect questions about your disability like: “will you be needing accommodations?”  Regarding your abilities, the employer can only ask if you are able to perform the essential functions of the job.

(2) After the employer offers you a job; Pre-employment: After you have been given a conditional job offer, an employer may ask disability-related questions and may require that you take medical examinations, whether or not they are related to your ability to perform the job. 

However, the employer may only ask these questions and demand these examinations  if s/he asks the same questions and requires the same examinations of all entering employees who are hired for the same type of job for which you were hired.  In addition, any information your employer gets from these questions and examinations must be filed separately from other employee files, and it must be treated in a confidential manner.

(3) After you have started work; During employment:  Once you have started to work, your employer may only ask disability-related questions and require medical examinations if they are job-related and consistent with business necessity.  In addition, once you are employed, your employer may also ask if you need reasonable accommodations if he or she notices that you are having performance difficulties.

If you or your employer still have questions about what kinds of questions are allowed by the ADA, and when they are allowed, you may choose to consult the Equal Employment Opportunity Commission (EEOC) website at http://www.eeoc.gov/docs/guidance-inquiries.html.  You can also call the EEOC at 1(800) 669-EEOC.

When should I ask for a reasonable accommodation?

You can make a request for a reasonable accommodation whenever the need for one arises.  That need could arise when completing an application or years after your employment begins.

How should I ask for a reasonable accommodation?

First, find out whether your employer has a set procedure or a preference as to how s/he wants employees and applicants to make accommodation requests.  Your employer may offer you the choice of making a request orally or in writing.  If you decide to make your request in writing, remember that the letter will probably become a part of your employment file.  It may be smartest, depending on your situation, to make your request in writing so that both you and your employer have a record of your request.  If you do choose to write your request, keep a copy of the letter for yourself.

What should I do if my employer has no set procedure for making reasonable accommodation requests?

You should write your own letter following the 10 steps outlined below.  Be careful to follow the directions closely.

 If you are uncomfortable writing your own request letter, you can follow the sample letters we provide at the end of this FYI.  But be careful, if you choose to follow the sample letters, you should change any language that does not fit your situation.  For example, if you know your employer very well, the letter should sound more familiar than what we provide on the sample letters. 

10 Steps to Writing a Reasonable Accommodations Request Letter:

Step 1:  If you are applying for a job, state your name and identify the job for which you are applying.  If you are an employee, identify yourself and your position up front, unless you are very familiar with your employer.

Step 2:  State that you have a disabling condition.

Step 3:  State the functional limitation(s) you experience as a result of that disability.

Step 4:  Explain that you are seeking a reasonable accommodation as is your right under state and or federal law and that you are otherwise qualified for the job.

Step 5:  Identify the disability-related barrier.  For example, identify the particular job tasks or application processes for which you will need accommodation.

Step 6:  Propose any accommodation ideas you have for eliminating the employment barrier.

Step 7:  Express your interest in ideas the employer may have about possible accommodations and solutions.  Try to be open to ideas you had not considered.  The more cooperative both you and your employer can be, the more smooth the accommodation process is likely to be.

Step 8:  If you choose to, you may provide medical documentation verifying your disability.  Otherwise, you may wish to tell your employer that medical documentation of your disability is “available upon request.”  If you choose the second option, you should make sure that you have documentation available in case your employer asks for it.  If you choose not to mention medical documents at all, you should be aware that the employer does have the right to see medical documentation before he or she is required to provide reasonable accommodations.  However, it is possible that the employer will choose to provide you with accommodations without requesting medical documents.

Step 9:  Request that your employer respond in a reasonable amount of time.

Step 10:  Date and sign your letter.

Please see the sample reasonable accommodation letters if you need help getting started. 

What can I do to increase my chances of receiving a reasonable accommodation? 

Although there is no winning formula for obtaining accommodations, cooperation between you and your employer will be important for making the process go smoothly and efficiently.  Most importantly, strong communication with your employer increases the chances that the accommodations you get are appropriate for your personal needs. 

How can I best communicate to my employer what I need?

It is important to know what you want.  Therefore, you may want to start brainstorming ideas for accommodations before you make your request.  Because you know more about your disability than your employer, you are in a good position to help your employer by telling him or her what you know about possible solutions to the employment barrier.  This may speed up the accommodations process, and it could also help you obtain more appropriate and effective accommodations. 

I know I need accommodations, but I don’t have any good ideas for solutions that would be reasonable.  What can I do?

There are databases and handouts with many accommodation ideas available to you through the Job Accommodations Network (JAN), a service of the President’s Committee on Employment of People with Disabilities. You can contact JAN at 1-800-526-7234 (Voice or TTY) or email them at jan@jan.icdi.wvu.edu.

Some examples of accommodations suggested by JAN include the following:

Please see the sample reasonable accommodation letters if you need help getting started. 

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