Job accommodations: Knowing what,when,and how to request

Introduction

Though the Americans with Disabilities Act (ADA) requires employers provide reasonable job accommodations (Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA), not all workers with disabilities are aware of this requirement or know that their employer could provide a needed job accommodation. It has been my experience as a vocational rehabilitation counselor that many workers with disabilities frequently do not know if they can request a job accommodation or how to make such a request. Young adults with disabilities are in particular need of education for identifying the need for an accommodation, how to make such a request, who to ask at their place of employment, and what the interactive process consists of. Teaching young adults the process for requesting a job accommodation will empower them in securing and retaining employment.

It has been over 30 years since the ADA went into effect in 1991. Initially there was widespread awareness on the ADA and how it would apply to PWD, including employes. Since that time, awareness has faded. Currently, both employees and employers are less educated on the ADA and how it applies to workers with a disability. There is a need to educate individuals with disabilities who are employed or are looking for employment about job accommodation and the process for requesting one. This is particularly important for youth and young adults with physical disabilities who have not been educated about job accommodations.

Results

Obtaining a job accommodation is more likely when a person with a disability understands the process for requesting an accommodation. This includes knowing their limitations as related to job tasks, knowing what job accommodations they would need, being able to self-disclose and advocate for job accommodations (Wong et al., 2021). Reasons to have a job accommodation are improving ability to perform essential job functions, increasing work productivity, helping with physical functioning, reducing fatigue, increasing self-esteem, increasing social participation at work sit, and cost effectiveness (Wong et al., 2021).

There are multiple reasons employees do not request an accommodation: being unaware accommodations that can be made by their employer, lack of knowledge on how to make a request or who to ask, being fearful their employer will become upset, fear of asking for special treatment, thinking it will cost too much, and fear of disclosing their medical condition. Without knowledge of the process, workers with disabilities who need an accommodation(s) do not ask.

Job accommodations can be divided into formal and informal. An informal accommodation, also known as a self-accommodation. Is when the worker makes minor changes to their work environment or brings in something, such as a seat cushion or a foot stool, on their own expense. Informal job accommodations are usually made by the employe without prior arrival from the employer. A formal job accommodation is one that is approved and provided by the employer.

Per the ADA, it is the responsibility of the employee with the disability (or their representative) to identify and request a specific accommodation(s), not the employer. Employees must know that an accommodation can be requested at any time. If the disability is visible, it should be requested during the job interview. If the disability is not visible, then after the job offer has been accepted. When at all possible, it is advisable to have the accommodation in place before the person begins working at the job. Additionally, when there are changes to job tasks or the work environment that occur, those changes can warrant a request (Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA).

A request for a job accommodation can be made to the employee's manager/supervisor, human resources, or the company owner. Requests for a reasonable accommodation do not need to be in writing, verbal requests are considered valid. An employer may choose to write a memorandum or letter confirming the individual's request. Alternatively, an employer may ask the individual to fill out a form or submit the request in written form. An employer also may request reasonable documentation that the individual has an ADA disability and needs reasonable accommodation. It should be noted that not all managers or even HR staff are aware their company can provide a reasonable accommodation. If told the business does not make accommodations, the worker should make the request to the director of HR or the owner of the company. Smaller businesses may never have had an employe request an accommodation and may be unfamiliar with the process. This is where the employee should provide information on the Job Accommodation Network.

Once a request for a job accommodation is made, the interactive process begins. The interactive process entails the employee with a disability and the employer working together to determine a reasonable accommodation. It begins when an employee makes a request for an accommodation. Ideally this process is a dialogue between the employee and the employer about the needs of the employee to have an accommodation and what type of accommodation would be best suited for the situation. As part of the interactive process, the employer may offer alternative suggestions for reasonable accommodations and discuss their effectiveness in removing the workplace barrier that is impeding the individual with a disability.

The employer is allowed to choose among reasonable accommodations options, provided the chosen accommodation is effective in addressing the needs of the worker.

As part of the interactive process, the employer may offer alternative suggestions for reasonable accommodations and discuss their effectiveness in removing the workplace barrier that is impeding the individual with a disability. There is no obligation under the ADA for employers to lower or disregard production standards because an employee with a disability cannot meet standards due to a disability-related reason. Uniformly applied quantitative or qualitative production standards can be applied to all employees in the same job category – even employees with disabilities.

If an employer refuses to engage in the accommodation process, the Equal Employment Opportunity Commission (EEOC) can be contacted to file a complaint. The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law. Most employers with at least 15 employes are covered by EEOC laws (20 employes in age discrimination cases). An employe has 180 days in which to file a complaint with the EEOC.

Conclusion

Employees with a disability are often unaware of this entire process. Particularly younger workers starting their job search may not have been educated in this overall process. Though they may have heard of reasonable accommodations, these younger workers may not know how to request an accommodation. It is critically important for rehabilitation professionals to ensure that all potential and current employees who have a disability are aware of the process for requesting a job accommodation. This may require ongoing outreach, as a 2015 report of a national survey of stroke survivors showed that only 24% had received vocational rehabilitation counseling (Hartke & Trierweiler, 2015).