How Does the Reasonable Accommodation Process Work?

The Americans with Disabilities Act (ADA) requires employers to not discriminate against qualified individuals with disabilities. It also requires that those individuals should be given reasonable accommodations (whenever applicable) to allow them to perform the essential functions of the job, as long as doing so does not create an undue hardship for the employer. Let’s take a closer look at this requirement.

What Is a Reasonable Accommodation?

What is a reasonable accommodation? A reasonable accommodation is one that allows the employee to perform the essential functions of the job but does not present an undue hardship on the employer to provide it. The Equal Employment Opportunity Commission (EEOC) has issued guidance that outlines what constitutes a reasonable accommodation and how employers can stay in compliance with the ADA.  They explain that a reasonable accommodation could be “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.”

This includes changes to:

1. The Job application process
2. The work environment
3. The manner or circumstances under which the job is performed
4. Other areas that allow an employee with a disability to have equal benefits and privileges as other employees

In practice, this can mean any number of things and is dependent on the specific situation for each employee. It is up to the employer to discuss options with the applicant or employee to determine what options might work.

How Does the Reasonable Accommodation Process Work?

How does the reasonable accommodation process work? Does the employee need to ask for it by name?

In general, the reasonable accommodation requirement starts when the employer learns of the employee’s need for a change and that the need is related to a medical condition. The employee does not have to say the words “I need a reasonable accommodation for my disability.” The employee simply needs to make a request for a change that will enable him or her to perform the essential job functions, and it needs to be noted that the request is due to a medical condition.

After an employer gets a request for a reasonable accommodation, the next step is to use an interactive process to determine whether the request will be granted. This process assumes, as the name implies, an interaction between the employee and employer to determine what reasonable accommodations the employer may be able to provide. This process does not have to be formal or even in writing (though an employer may be well-served to document the conversations). The interactive process exists to clarify the individual’s needs and assess what accommodations might meet those needs. In some cases, little discussion is even required—when a request is simple and straightforward and clearly meets the needs of the individual without placing any hardship on the employer, granting the request can usually proceed immediately.

In some cases, however, the first step in the interactive process will be to determine whether the employee does indeed have a disability that makes him or her subject to ADA protections. In other cases, this will not be a question.

Assuming the employee is covered by the ADA and the reasonable accommodation request simply needs further assessment, further interaction is then taken to determine the best course of action. The employer and employee discuss possibilities, and the employer then assesses which alternative might work best. The employee should have input, of course. However, the employee’s first choice of accommodation does not have to be the final selection if the employer can offer an alternative that still allows the employee to perform the essential functions of the job.

Under the ADA, the only reason an employer can deny a reasonable accommodation request is if it would present an undue hardship on the employer. An undue hardship could be financial, or it could mean that it is too disruptive to implement, for example. However, the undue hardship standard is a very high threshold to cross. It takes into account the finances and performance of the company. That said, an employer is not obligated to remove essential job functions either. If the employee is unable to perform essential job functions and no reasonable accommodation exists, that employee may no longer be qualified to perform the job.

About Bridget Miller:

Bridget Miller is a business consultant with a specialized MBA in International Economics and Management, which provides a unique perspective on business challenges. She’s been working in the corporate world for over 15 years, with experience across multiple diverse departments including HR, sales, marketing, IT, commercial development, and training.