Employment
The Americans with Disabilities Act prohibits employers with 15 or more employees from discriminating against employees based on disability or their relationship to someone with a disability. Qualified people with disabilities are entitled to an “equal opportunity to benefit from the full range of employment-related opportunities available to others” and to reasonable accommodations in nearly all aspects of work.
A qualified individual with a disability is someone with a disability who has the skills, experience, education and other qualifications to do the essential functions of a job with or without accommodations. The type of disability someone has does not determine whether they can do the job.
Essential function is a term for the basic and necessary tasks that someone performs as part of their job. For example, perform clerical tasks, maintain facilities, or communicate with the public. There are many ways to accomplish these tasks with or without accommodations.
A reasonable accommodation is an adjustment, modification or different way of doing a task. Reasonable accommodations can include assistive technology or devices. Some reasonable accommodations remove barriers employees with disabilities encounter in enjoying the benefits and work activities available to other employees.
When Can Accommodations Be Provided?
Employers can provide reasonable accommodations at any time, including in the hiring process, on the job, and to ensure "equal benefits and privileges."
- Hiring process accommodations
Accommodations help ensure equal opportunity in the application process. Generally, job applicants will request accommodations in their application materials or contact the person listed in the job posting. These may include testing accommodations, changing interview formats, or providing interview materials in a different format or in advance. - Job accommodations
Accommodations in the workplace enable qualified people with disabilities to perform the essential functions of their job. They may include, but are not limited to, job restructuring, modified work schedules, remote work, modified tools, equipment, and workstations, assistive technology and devices, use of a job coach, or reassignment to a vacant position. - Equal benefits and privileges accommodations
These accommodations enable employees with disabilities to enjoy the same benefits and privileges of employment as nondisabled employees in similar jobs. They may include removing environmental barriers to access, removing barriers to understanding policy and personnel information, and ensuring staff events and activities are accessible.
Requesting Accommodations
The interactive process can begin anytime there is a disability-related need in the workplace. For example, in the application, interview, or onboarding process. You can start the process by letting the hiring manager, supervisor, or Human Resources Department know about your access needs. We suggest you do this in writing so you have a record of what you asked for and when.
Information Needed
To receive reasonable accommodations, you must have a disability. If your disability is apparent, no documentation of your disability is required. If you have a non-apparent disability, you may need to provide a letter from a qualified professional or a record that says:
- You have a disability.
- How your disability affects you at work or while applying for a job.
- The accommodations you need to do your job, access the workplace, or participate in work-related activities.
Your employer might look at the job description, consider the actual experiences of past and current employees in the same position and may go onsite to view job tasks. They will consider how much time job functions take and if they can reassign or redistribute non-essential job functions.
The Interactive Process
In the Interactive process, you develop your accommodation plan with your employer. It should be easy to participate in and should not take long.
You and your employer should write an accommodation plan that includes the decisions you make together. Only the people responsible for meeting your access needs will have information about your accommodations. All other information is confidential.
Changing or Updating your Accommodations
Access needs can change from day to day or when your work tasks or environment change. If your accommodations are no longer meeting your needs, you can request to update your accommodation plan at any time.
If a less costly accommodation will meet your needs, your employer may provide you with the less costly option.
Requested accommodations may be denied when:
- You are not a “qualified person with a disability.”
- The accommodation would cause an undue hardship. An undue hardship means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the agency.
- The accommodation would pose a direct threat to the health and safety of the employee or others.
If your employer cannot provide effective accommodations, your employer may offer you a different job placement. The goal of a different job placement is to find a position that matches your interests, abilities, and current rate of pay.
Approving Accommodations
When developing a reasonable accommodation plan, it is important to focus on the person’s unique needs, preferences, and choices. Centering the employee in the interactive process will result in more effective and more sustainable accommodation plans. Additionally, quality accommodation plans result in a more satisfied and productive workforce.