Handling an ADA Accommodation Request Starts With a Conversation

An employee tells a supervisor that a medical condition is making it hard to stand for a full shift. Another asks whether she can adjust her start time because of treatments. A job applicant requests extra time on a written test. Each of these may be a request for a reasonable accommodation under the Americans with Disabilities Act, and how the employer responds can matter as much as the final decision.

Who is covered

Title I of the ADA applies to private employers with 15 or more employees, as well as state and local governments, employment agencies and labor unions. It protects qualified individuals with disabilities, meaning people who can perform the essential functions of a job with or without reasonable accommodation.

A disability is a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment or being regarded as having one. Amendments in 2008 broadened the definition, so many conditions now qualify that courts once excluded.

What counts as a request

Employees do not need to use the words reasonable accommodation or mention the ADA. A request can be as simple as telling a supervisor they need a change at work because of a medical condition. Supervisors should know to route these conversations to HR rather than dismissing them.

Applicants can make requests too. A candidate who needs an accessible interview location, a sign language interpreter or extra time on an assessment is asking for an accommodation in the hiring process, as discussed in our guide to pre-employment testing.

The interactive process

Once an employer knows an accommodation may be needed, the EEOC's guidance calls for an informal, interactive process. The employer and employee discuss the limitations, the job's requirements and possible accommodations.

The employer may ask for reasonable documentation of the disability and the need for accommodation when the disability or need is not obvious. Requests should be limited to what is needed to evaluate the accommodation, not full medical records.

The goal is to find an effective accommodation. The employer does not have to provide the employee's preferred option if another option is effective, but the employee's preference should be considered.

Document the process. Notes on what was discussed, which options were considered and why a particular accommodation was chosen help show good faith if a dispute arises later.

Follow up after an accommodation is in place. A short check-in a few weeks later confirms whether it is working. Needs can change, and an accommodation that worked at first may need adjustment.

Common accommodations

Accommodations take many forms. Examples include modified schedules, changes to workstations, equipment such as stools or screen readers, reassignment of marginal job functions, leave for treatment, remote work in some situations, and modified policies. Reassignment to a vacant position can be an accommodation of last resort.

Essential functions matter here. Employers are not required to eliminate essential functions, which is why accurate job descriptions are so important, as explained in our job description guide.

Cost and undue hardship

Many employers worry about cost, but the Job Accommodation Network, a free service funded by the Labor Department, has long reported that many accommodations cost nothing and most of the rest have modest one-time costs.

An employer may decline an accommodation that would cause undue hardship, meaning significant difficulty or expense considering the employer's size, resources and operations. That is a high standard, and it is assessed case by case.

Related laws

Pregnancy-related limitations are covered by the Pregnant Workers Fairness Act, which uses a similar interactive approach, as discussed in our PWFA guide. Leave for a serious health condition may also qualify under the FMLA, covered in our FMLA guide. When FMLA leave runs out, additional leave may still be required as an ADA accommodation.

Requesting an accommodation is protected activity. Taking adverse action against an employee because they asked can lead to a retaliation claim, as explained in our report on retaliation.

Practical steps

Train supervisors to recognize accommodation requests and forward them promptly. Designate an HR contact for the process. Respond quickly, since delays can themselves create liability. Keep medical information confidential and separate from personnel files.

Use free resources. The Job Accommodation Network offers individualized guidance on accommodations for specific conditions and jobs. The EEOC publishes detailed guidance on reasonable accommodation and undue hardship.

Most accommodation requests are resolved quickly and cheaply when employers listen, ask good questions and focus on what the employee needs to do the job.