For those with disabilities, navigating the average workplace can come with extra challenges. While there are plenty of ways that companies can create a more accessible and inclusive environment, it’s rarely a one-size-fits-all sort of fix. Instead, what individuals often need are specific accommodations that are personalized to their needs.
Though anyone can ask for an accommodation at work, the Americans with Disabilities Act (ADA) legally protects the right to accommodations for those with disabilities. Even so, the process can be long, confusing and frustrating. We pulled together some basic information to help you if you’re considering asking for a workplace accommodation.
What is the ADA?
Simply put, the ADA is a federal law that protects those with disabilities from discrimination. Its goal is to ensure that those with disabilities have the same opportunities as others when they’re working, purchasing goods, receiving services and participating in government programs.
According to the ADA website, this law applies to anyone who fits one or more of the following:
- Has a physical or mental impairment that substantially limits one or more major life activities
- Has a history or record of such an impairment…
- Is perceived by others as having such an impairment
There is no finite list of disabilities that the ADA covers, though its website provides examples of commonly covered conditions. Additionally, you do not have to qualify for social security disability insurance or have an accessible parking permit in order for the ADA to apply to you.
How does the ADA protect employees?
Title 1 of the ADA prohibits discrimination during any part of the employment process, from hiring to firing and job assignments to pay.
It also allows those who are disabled to request that an employer provides reasonable accommodations in order to help the applicant or employee start on an even playing field with their peers. The employer is not required to provide the specific accommodation that the individual requests and can instead suggest other accommodations that meet the same needs.
However, unless an employer can prove that providing an accommodation would cause “undue hardship” to the employer (based on the size of the company, its finances, etc.), then some sort of accommodation must be agreed upon.
What counts as “reasonable accommodations”?
A reasonable accommodation can be anything that helps an employee do their job as naturally and easily as their peers, despite their disability. This might involve purchasing an aid, modifying the layout of an area, providing flexible work options or something else entirely.
When figuring out the sort of accommodation you need, try asking yourself what parts of your job your disability impacts the most and what needs to happen to lessen that impact. From there, you can brainstorm with your employer about ways to change things up in ways that work for both of you.
Some common accommodations include:
- Remote work
- A reader or interpreter
- Schedule changes
- Ramps and widened walkways between desks
- Specialized seats or desk attachments, such as a standing desk
- Reassignment to a comparable vacant position where accommodations aren’t needed
What counts as “undue hardship?”
An accommodation can be refused if an employer can prove that fulfilling the request would cause undue hardship, meaning that it would cause significant difficulty or expense. This must be proven in a detailed assessment of the circumstances and cannot be a general assumption.
Sometimes, a job simply cannot be done a different way. For instance, if you’re a delivery driver, work from home is never going to be an option as an accommodation because it inherently changes the purpose and outcome of the job.
However, the simple fact that an accommodation may cause inconvenience is not a reason that an employer can refuse. Ultimately, once one or more accommodations have been suggested by the person making the request, as long as they appear reasonable at face value, the burden of proving that they fall under “undue hardship” rests on the employer.
How to request a reasonable accommodation
What to say: A request for a reasonable accommodation doesn’t have to be formal. It also doesn’t have to be in writing or include any specific words, such as “reasonable accommodation,” “ADA” or “disability.” Any well-trained employer should recognize an accommodation request—and either way, they are legally obligated to follow the ADA.
That said, consider making your request in writing so you have a paper trail if you run into any problems with the accommodation process.
What to provide: Any medical information you share during this process—including the fact that you’ve submitted a request for an accommodation at all—is considered confidential and should not be shared with anyone else in the company. However, in instances where a disability is not obvious, the employer can require the employee to describe their disability and why they need the accommodation.
What to do if your request is ignored: Your manager and HR representative are your best resources for getting an accommodation. However, if your accommodation request is dismissed without adequate reason or is outright ignored, or if you experience any negative repercussions for submitting a request, there are legal actions you can take. The U.S. Equal Employment Opportunity Commission has resources on the topic, including information on how to file a charge of employment discrimination.
Photo by Drazen Zigic/Shutterstock.com
