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Recognizing ADA Requests for Reasonable Accommodations
The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodations for employees and applicants with disabilities upon their request unless it would cause undue hardship on the business. As a general rule, an employer has an obligation to determine whether an accommodation may be made any time an employee or applicant who is otherwise qualified for a position requests an adjustment or change to the workplace for a reason related to a medical condition.
No Formalities Required for Requests
A request for accommodation does not have to come directly from an applicant or employee (but instead may be made by a representative), nor does it have to be in writing or include any specific language or reference to the ADA. In addition, an individual does not have to identify any specific accommodation in a request.
Workplace Barrier
An ADA request must describe problems posed by a workplace barrier that impedes an individual from participating in the job application process, performing the essential functions of a job, or enjoying benefits and privileges of employment equal to those enjoyed by employees without disabilities. This may be a physical obstacle (such as an inaccessible facility or piece of equipment) or a procedure or rule (such as a rule concerning when work is performed, when breaks are taken, or how essential or marginal functions are performed).
Informal, Interactive Process
An ADA request triggers an employer’s responsibility to work with the requesting individual in an informal, interactive process. The purpose of this process is to determine whether an accommodation may be made without causing undue hardship.
ADA Requests Examples
Examples of requests that would trigger an employer’s responsibilities under the ADA include:
- “I’m having trouble reaching tools because of my shoulder injury.”
- “I need time off because my pain prevents me from working.”
- “My wheelchair does not fit under the desk in my new office.”
Examples of Non-ADA Requests
Examples of requests that would not trigger an employer’s responsibilities under the ADA include:
- “I would like a new chair because my present one is uncomfortable” (no link to a medical condition).
- “I have a mental disorder that causes me to behave erratically at work” (no change to a workplace barrier identified).
ADA: Reasonable Accommodation and the Interactive Process
Under the Americans with Disabilities Act (ADA), an employer that receives a request for an accommodation related to a medical condition must begin an informal, interactive process with the applicant or employee making the request. During this process, the employer may ask the individual relevant questions that will enable it to make an informed decision about the request.
ADA Interactive Process Purpose
The purpose of the informal, interactive process is for the parties to determine whether any reasonable accommodation can be made to effectively allow the individual to perform the essential functions of the position without causing undue hardship on the employer’s business.
Reasonable Documentation
When a disability or need for accommodation is not obvious, an employer may request reasonable documentation to establish the following only:
- That the individual has a disability as defined by the ADA; and
- That the disability necessitates a reasonable accommodation.
Even if an individual is ultimately unable to provide this documentation or otherwise meet the above requirements, however, an employer that receives an accommodation request must still engage in the informal, interactive process before deciding whether to provide an accommodation.
Informal Dialogue
The interactive process should start as soon as possible and does not have to follow any particular format. Instead, it should be an informal dialogue between the employer and the individual requesting a change. The discussion may cover the nature of the problem generating the request, how a disability is prompting a need for accommodation, and whether any alternative accommodations may be effective in meeting the individual’s needs.
ADA Interactive Process
Start a Discussion
As soon as possible after receiving a request for a working condition change based on a medical reason, an employer must start a discussion regarding needs with the individual making the request.
Identify Accommodations
The employer and the applicant or employee making the request must work together to identify effective accommodations.
ADA Information Exchange
Clarify the Issues
Open communication should be a priority throughout the interactive process, especially where the limitation, problem or barrier is not obvious.
Focus on Essential Job Duties
The discussion should focus on potential changes that would allow the employee to perform the essential functions or duties of the position.
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