Given the ever-expanded concept of what constitutes a disability, employers face a growing compliance challenge. Keep these basics in mind when handling accommodation requests to reduce risk and support employees effectively.
Process basics
- Knowledge of the need to accommodate can come from many sources: a workers' comp claims manager, a supervisor or manager, HR, the employee, a union representative, a doctor, poor performance, observation, or a hotline report.
- To have a reliable process, document it step-by-step and keep supporting records for each case.
- Be interactive. The party that first stops the accommodation dialogue typically loses ground in compliance and resolution.
- Provide appropriate education and training. For example, HR can create a short video explaining the accommodation process to managers and staff.
- Allow managers to implement simple, quick accommodations without unnecessary delay.
- Document every step in the process, including dates, participants, and outcomes.
- Maintain ongoing communication, monitoring, feedback, and process improvement.
The accommodation process begins with a needs assessment: review the job description and duties thoroughly and clarify the employee's limitations, including potential absences or restrictions.
Accommodation options
- Changing facilities or equipment
- Job restrictions or duty reassignment
- Modifying schedules
- Altering a test, training, or internal policy
- Offering vacant positions within the employee's skill range
- Offering temporary positions (the ADA does not require creating a new permanent position)
- Providing support such as readers, interpreters, or service animals
- Allowing a leave of absence
- Any other reasonable idea that would enable the employee to perform essential functions
Document any determination that an accommodation would impose an undue burden and explain the analysis and evidence supporting that conclusion.
One common mistake is assuming in advance that a requested accommodation would be an undue burden. If a request appears reasonable, consider allowing a trial period while setting clear performance standards. Document any shortcomings during the trial and continue discussions about adjustments or alternatives.
There are many practical forms, checklists, and policies available for employers to adapt. For sample materials and guidance, see Understanding Reasonable Accommodations and Insurance Claims.
For related workplace compliance and risk considerations, review Business Payment Costs, ADA Accommodation & Workplace Injury Risk.
If your organization has more than 50 employees, remember that leave protections such as the Family and Medical Leave Act may provide up to 12 weeks of job-protected leave for qualifying serious health conditions, which employees may use instead of or in addition to an accommodation.
If you need personalized guidance, talk to an agent.
Frequently Asked Questions
What is a "reasonable accommodation"?
A reasonable accommodation is a change or adjustment that allows an employee with a disability to perform essential job functions without imposing undue hardship on the employer.
When should an employer start the interactive process?
Begin the interactive process as soon as you become aware of a potential need for accommodation, whether from the employee or another source, and document each step.
Can an employer request medical documentation?
Yes, employers may request reasonable medical documentation to verify the disability and need for accommodation, while ensuring confidentiality and compliance with privacy rules.
What qualifies as an undue hardship?
An undue hardship is an action that is significantly difficult or expensive considering the employer's size, resources, and the nature of the operation; document the analysis used to reach this conclusion.