Reasonable Accommodations at Work

Reasonable Accommodations at Work

The Americans with Disability Act (ADA) prohibits discrimination on the bases of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.

To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as 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. The ADA does not specifically name all the impairments that are covered.

Employers who want to take full advantage of the tremendous human capital contributed by people with disabilities will be proactive in acquiring knowledge of the ADA.  Employers should not look at the ADA as mere compliance but as an opportunity to engage the talent and capabilities of people with disabilities.  One critical area of positive engagement is the interactive discussion with a person with a disability to determine if a reasonable accommodation is required. In many situations, accommodation is not needed, or a minor adjustment will be fully enabled. A qualified person with a disability is a person who can perform the essential functions of the position with or without accommodation. Most companies are aware of and make necessary adjustments to ensure compliance with the ADA.   The even more successful companies will positively engage the process by providing any necessary reasonable accommodation for an employee with a disability so they can be fully enabled to perform the essential functions of the position. 

There remain some employers who are not fully aware of or have training programs addressing ADA specifically in reasonable accommodations. Employees may run into systemic barriers due to their own or the employer’s lack of knowledge of the ADA.  

If you are an employee in need of accommodation, be proactive in requesting a meeting with your employer to discuss the accommodation requested. If you are unsure of the exact accommodation needed, that is where the interactive discussion begins.  An interactive discussion should be a positive experience.  Employers can demonstrate their support both for the request for accommodation and through their demonstration of psychological safety for all employees. 

Guidelines for Requesting and Considerations for Reasonable Accommodations

Review the Americans with Disabilities Act

The first step in requesting reasonable accommodations is to understand the overall protection and guidance of the ADA both as an employee and an employer.  Understanding the ADA will enable you to make informed decisions when approaching your employer to initiate your request.  You can also begin the interactive discussion by demonstrating your need for the accommodation and suggestions you may have for the accommodation.  

An employer who is mindful of both requirements of the ADA for compliance and the need for the interactive discussion with the employee will be able to facilitate the request and provide an acceptable reasonable accommodation. 

What is the ADA’s definition of a disability?

 The ADA’s definition of a disability has three prongs:

• A physical or mental impairment that “substantially limits” (to be construed broadly) one or more “major life activities” (see the ADA regulations for examples of major life activities); or
• A record of such an impairment; or
• Being regarded as having such an impairment

Is there a list of all the conditions that qualify as a disability under the ADA?

No, there is no list of all the conditions that qualify. Instead, the ADA contains a general definition of disability that must be met for an individual to be covered. The regulations implementing the ADA do provide examples of impairments considered disabilities under the definition, including deafness, blindness, intellectual disability, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV infection, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder, and schizophrenia.

When an employee has one of these conditions, the interactive process can focus on asking for confirmation of the diagnosis and moving on to determining the reasonable accommodation needed. With other impairments, conduct an individualized assessment using the ADA’s definition of disability.

Remember, to request an accommodation, an individual need not use the phrase “reasonable accommodation.” And requests for reasonable accommodation do not need to be in writing. Individuals may request accommodations in conversation or may use any other mode of communication.

How quickly must I respond to a request for reasonable accommodation?

An employer should respond to the request, engage in the interactive process, and implement the accommodation expeditiously. Unnecessary delays can result in a violation of the ADA.

What should I do if an employee asks for an accommodation for a disability?

If you are covered by the ADA and/or a similar state law, talk to the employee to determine whether they have a disability as defined by federal or state law, and if so, what limitations the disability imposes on their ability to perform their job. This is part of what is commonly referred to as the interactive process. The exact nature of the interactive process will depend on how obvious the disability is, the limitations it imposes, and the type of accommodation required.

Keep in mind that some state laws define disability differently.

Applied Development Offers ADA Compliance Services

Companies should work with service providers who understand ADA laws and how to comply with them. At Applied Development LLC, we champion the rights of people with diverse abilities to work and communicate effectively in their workplaces.

We offer diversability services such as sign language interpretation, CART services, reader services, advocacy, and outreach. Call us today at 410.571. 4016. or contact us online for more information about ADA compliance and reasonable accommodations.