Reasonable accommodation
In accordance with the ADA (American Disabilities Act), employers have to make provisions for their employees with disabilities. So, they are able to perform their job duties successfully.
Reasonable accommodation should also enable the person to have equal opportunity to apply for a job position.
In addition to these, it also includes the same employee benefits and privileges that are given to employees without any disabilities.
What should an employer do?
Some of the things that an employer has to make provisions for are:
- Modifying work environment including any equipment
- Making work location and other facilities accessible
- Modifying any existing work-related documents (training materials, policies) accordingly
- Arrange for interpreters and reader if needed
- Modify the job requirements accordingly
- Make changes in the work schedule accordingly
How should an employee with disability request reasonable accommodation?
When an employee needs reasonable accommodation because of a medical condition, he or she needs to simply tell the employer that he needs it. In other words, you have to disclose your disability to your employer.
You do not have to give any written requests. He or she needs to use plain English for his/her request. There is no need to mention either ‘ADA’ or use special language like “reasonable accommodation” etc.
However, in some cases, the employer may ask you to fill out a form and put all the details in there.
When can you ask for reasonable accommodation?
You can ask for one during your application process for that position or after accepting the job offer or in between your employment.
What does the employer need to do after he gets your request?
First engage in an informal conversation with the employer about your reasonable accommodation request. Your employer cannot ignore this matter.
Your employer may ask you questions regarding your disability or medical condition. He or she may ascertain that your disability is defined as per the ADA. The employer and the employee together decide what accommodations need to be made through these interactions.
Your employer may want to see your medical records and any documentation relating to your disability before making a decision.
Can an employer say No to your reasonable accommodation request?
Undue Hardship
The short answer is yes. If the employee’s request can cause ‘undue hardship’ to the employer, he or she may deny your request. If implementing the change causes the employer a significant expense then it he/she may consider it as an ‘undue hardship’.
Undue hardship also includes situations where the requested change affects the business in such a way that it can alter the business fundamentals.
What should I do when my request is denied?
If you are in a situation where your employer rejects or ignores your request, here are a few things you can do:
- Give the request in writing to your manager/supervisor/ HR department, if not done previously. It may be the case that your employer has not understood your request.
- If this does not yield any results then your best bet is to contact a SSDI lawyer.
Contact Us
You can call us on (855) 254-7841 and speak with our SSDI lawyers who are experienced with handling cases of disability. Our SSDI lawyers/attorneys are aware of your problems and thus work with compassion to get you the results. Connect with us if you believe that your ADA rights have been violated.