Reasonable Accommodation Under the ADA

The Americans with Disabilities Act (ADA) affords vital protection to workers who face ongoing health challenges. It requires that employers not only avoid any discrimination against the covered worker but also that they make "reasonable accommodation" for their disability. But what is reasonable accommodation? How do you secure it from your current or future employer? And what are its limits? Here's a short guide to help you.

What Is the Reasonable Accommodation Rule?

The ADA stipulates that employers who are subject to its rules must be willing and able to make concessions for employees with covered disabilities. In many cases, this involves changes to the work environment or adjustments to the way work is performed. These accommodations ensure that all applicants and employees have a fair shot at getting and keeping a good job. 

What might a reasonable accommodation look like? It may mean allowing a teller with back problems to sit rather than stand at their work station. Perhaps a deaf employee needs an interpreter at company meetings or a visually impaired employee requires special software to dictate or hear words on the computer screen. And an employer may even need to make some structural changes in the work area of an employee who uses mobility aids.

How Are Reasonable Accommodations Made?

Who determines what accommodations are needed, how, and why? This is done through what's generally known as the interactive process. During this time, the employer, employee, and relevant health care providers share information about the disability and what can be done to accommodate it.

The employee generally begins with an accommodation request which includes information from medical providers. The employee must disclose the disability with a very high level of specificity describing the disability and diagnosis and then be able to explain how the requested accommodation allows him or her to perform his job duties or otherwise will not interfere with the performance of job duties. 

This conversation can be simple or it can involve a number of conversations about what can and should be done. The company is not required to accommodate the disability requested, but the company is required to provide alternative accommodation ideas or otherwise explain how the requested accommodation creates an undue burden or safety risk. More on that below. 

For instance, consider a small company which wants to hire an accountant who uses a wheelchair. However, the accounting department is on the second floor and the building has no elevator. A reasonable accommodation may be to find or create an office space on the ground floor. Alternatively, the position might be made remote or hybrid so the building's structure is not an impediment. Every reasonable accommodation request and result is fact specific to the employee and employer. 

What Is the Limit of Reasonable Accommodations?

It's important to note that the ADA rules do not require employers to make all accommodations for workers. They are only obligated to make reasonable ones. So, during and after the interactive process, employers are allowed to assess the impact of the accommodation on their finances and business.

For example, perhaps the employer of the wheelchair user above does not have any workspace on the ground floor. Further, the nature of the job requires the worker to regularly be in the office, conduct meetings in person, and personally evaluate onsite processes. The only viable accommodation may be to install an elevator. However, this would place an undue financial or other burden on the employer. 

The ADA does allow employers to inform a worker that they cannot honor the accommodation because the request creates an undue hardship on the employer. This would, of course, be a last resort. The employer must be able to defend this decision in accord with ADA rules. 

Where Can You Learn More?

Do you need an accommodation for a new or existing disability? Does your health condition qualify as a disability under the ADA? Have you had problems getting an employer to consider reasonable accommodations? Whatever your concern, please considering seeking help by calling Allen D. Arnold Attorney at Law. 

We'll work with you and your employer to ensure your rights under the ADA and other labor laws are protected — all while maintaining the best possible relationship with employers. 

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