Frequently Asked Questions About Reasonable Accommodation

The Americans with Disabilities Act requires a covered employer to provide reasonable accommodation for individuals with disabilities, unless it would cause undue hardship. If you, as an employer, were suddenly faced with a request for reasonable accommodation from one of your employees, would you be prepared to respond correctly to this request?

It is quite likely that no two reasonable accommodation requests are the same - that each issue may present a "gray area" when it comes to what you are legally required to do. It is therefore a good idea to review your ADA policies (if you have any) and to have your HR Manager discuss with supervisors how best to respond should they receive a request. Failing to respond or responding inappropriately will create bigger problems.

To help you evaluate your preparedness, here are five of the most frequently asked questions (with answers) regarding reasonable accommodation and undue hardship.

1. Must the employee's request for reasonable accommodation be in writing? An employee must let his or her employer know that s/he needs an admustment or change at work for a reason related to a medical condition. Such requests do not need to be in writing. However, as an employer, you may choose to write a memorandum or letter confirming the request.
2. Must an employer provide the reasonable accommodation that the employee wants? An employer may choose among reasonable accommodations as long as the chosen accommodation is effective - that it removes the workplace barrier at issue. The employer may also offer alternative accommodation suggestions as long as each alternative removes the workplace barrier.
3. Is restructuring a current job considered a reasonable accommodation? Yes. Such restructuring may include (1) shifting responsibility to other employees for job tasks that an employee is uable to perform because of a disability and (2) altering when and/or how a job task is performed.
4. When an employee requests leave as a reasonable accommodation, can the employer provide accommodation that requires him/her to remain on the job instead? Yes. If the employer's proposed reasonable accommodation would be effective and eliminate the need for leave.
5. Does an employer have to reassign an employee who can no longer perform his/her job because of a disability to a vacant position? Yes, unless the employer can show that it would be an undue hardship. Other considerations also apply such as (1) if the employee "qualified" for the position, (2) it does not require other employees to be "bumped" and (3) the position is relatively equal is pay and status.

You might like to check out an employment law blogsite we've recently discovered. It's called Employment Law Bits. There's an excellent article on "Telemarketing: A Reasonable Accommodation?" that's very informative and addresses a growing issue in the workplace. This and other articles on the site are worth a read.

There's also a new employment law guidebook, written by Louis P. DiLorenzo and Sheldon I. London that lists 15 frequently asked questions (with answers) regarding reasonable accommodation and undue hardship. These questions and answers offer some terrific guidance on how to respond to employee requests.