What causes the accommodation process to break down? Job Accommodation Network (JAN) studies on the costs and benefits of job accommodations for people with disabilities identify three major hurdles to effective job accommodation solutions.
Hurdle #1. Lack of information on what medical documentation an employer can request. Employees may not understand that employers can request medical documentation when assessing an accommodation request, and without appropriate documentation an employer may not be able to proceed with an accommodation.
To determine whether an employee has a disability, you may request medical documentation showing whether the person has an impairment that substantially limits one or more major life activities. You may require documentation from an appropriate health care or rehabilitation professional, such as doctors, psychologists, nurses, physical or occupational therapists, vocational rehabilitation specialists, or licensed mental health professionals.
For practical employer materials and guidance on medical examinations and inquiries, see Understanding Credit Card Processing and Job Accommodations.
Hurdle #2. Lack of clarification on determining the essential functions of a position. Employees might ask that an essential job function be removed without realizing employers are not required to eliminate essential functions as a reasonable accommodation.
You may require an individual with a disability to meet the skill, experience, education, and other job-related requirements of a position, including performing its essential functions with or without an accommodation. To decide whether a job function is essential, begin by determining whether the employee in that position is actually required to perform the function.
Factors to consider when determining essential functions
- The employer’s judgment about the job requirements
- A written job description prepared before advertising or interviewing applicants
- The amount of time spent performing the function
- The consequences of not requiring a person in this job to perform the function
- The work experience of people who have performed the job in the past and of current employees in similar jobs
Although employers are not required to eliminate an essential function, reduce production standards, or provide personal use items, they may choose to do so. For additional context on reasonable accommodations and insurance considerations, see Understanding Reasonable Accommodations and Insurance Claims.
Hurdle #3. Lack of agreement on effective reasonable accommodations, including the role of temporary accommodations, leave time, and reassignment. Employees sometimes reject an offer of reassignment without realizing reassignment to a vacant position can be a form of reasonable accommodation when no other accommodation will allow them to perform their current position.
Start by consulting with the employee who requested the accommodation to clarify needs and identify effective options. Employees are often the best source of information about what will work for them, and discussion plus medical information (if needed) usually reveals the actual barrier to performance.
After identifying limitations and abilities, determine how those limitations affect the employee’s ability to perform specific job tasks, use equipment, or comply with policies. You may need to look beyond a traditional job description and consider where work is performed, what equipment is used, and whether workplace policies create barriers.
Once limitations and job impacts are understood, consider accommodation options such as temporary adjustments, leave, or reassignment. You can often avoid delays by discussing the situation early and by understanding employer and employee responsibilities.
To discuss your specific situation with an insurance professional or to get a customized quote, you can talk to an agent.
Thanks to JAN Principal Consultant Beth Loy, Ph.D., for the original guidance summarized here.
Frequently Asked Questions
What medical documentation can my employer request?
An employer may request documentation showing whether a condition substantially limits one or more major life activities and may ask that it come from an appropriate health or rehabilitation professional.
How do employers determine which job functions are essential?
Employers consider factors such as job descriptions, the amount of time spent on a task, the employer’s judgment, and whether special expertise or few other employees can perform the function.
Is reassignment always a reasonable accommodation?
Reassignment to a vacant position can be a reasonable accommodation when no effective accommodation exists for the current position, but it depends on the circumstances and availability of suitable vacancies.
Should temporary accommodations or leave be considered?
Yes; temporary adjustments and leave can be effective accommodations when they enable the employee to perform essential functions or allow time to identify a longer-term solution.