Reasonable Accommodation Under the ADA: What You Need to Know

Are you affected by a disability that necessitates some kind of accommodation by your employer? Today's workers have the legal right to expect that their employer will work with them to make basic accommodation that allows both employee and employer to continue their mutually beneficial relationship.

This right, known as reasonable accommodation, is one of the most powerful aspects of the Americans with Disabilities Act (ADA). But what does reasonable accommodation actually mean in the real world? What can you request, and what can you do if your employer does not agree upon the same reasonable accommodations? Here are a few answers.

What Constitutes a Reasonable Accommodation?

You have no cut-and-dried definition of a reasonable accommodation under ADA rules, but guidelines do exist. Basically, the adjustment should allow a qualified employee or candidate to have the same opportunities at the workplace that equally qualified persons do.

For example, a disabled person who needs to sit while doing their job could be easily accommodated with a chair and perform the same duties as those who stand. Similarly, an employee in a wheelchair might simply need a desk that more easily fits their wheelchair. And a vision-impaired employee might be accommodated by having assistance with a particular task or two when these come up. 

An accommodation is also reasonable if it doesn't create undue hardship for the employer. In the case of the seated employee, making a small modification to the office doesn't cost the employer much, so it would not be an undue hardship.

However, if an injured employee requested that their normal duties be permanently changed to light duty versions, this could be considered an undue hardship to the employer. A large and expensive office renovation, though, might also cause an undue hardship to a small, struggling business.

How Might You Pursue a Reasonable Accommodation?

Because such accommodations are unique to each person and each position, requesting one is generally a matter of negotiation between employer and employee. As the disabled person, you are in the best position to know what you need in order to do the work for which you were hired.

When preparing your request, note the essential functions of the job and how you can fulfill these with specific alterations. The essential functions of the job are often stated in a job description. Make sure you keep a copy of that job description. You may also want to do some research about costs, installation, or labor involved in making the change. If negotiating for large-scale changes, the employee might demonstrate compromise by offering assistance in making the changes or researching tax credits available for ADA compliance. 

The good news is that most accommodations are fairly inexpensive for an employer. A deaf or blind employee might simply need an audio sound or visual cue for a process that other employees don't require. A worker with a chronic condition might need additional breaks to care for their medical needs during the day. Or the employee might need a more flexible schedule than is traditionally expected. 

What If Your Employer Fails to Make Accommodation?

In a perfect world, all employers would see the benefit of making reasonable accommodations and would agree with the worker on what those accommodations should be. But in this real world, such a compromise may not happen. If your employer refuses to make what seem to be reasonable changes, you may need to take it a step further to assert your legal rights. 

If you believe that your request for covered accommodation is unlikely to be taken seriously, talk to a qualified attorney experienced in workplace issues.  Allen D. Arnold Attorney at Law  has more than 15 years' experience helping Alabama workers receive fair and equitable treatment from their employers. Call today to make an appointment and assess your case.

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