ADA Reasonable Accommodation: An Employer's Guide

ADA Basics

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities and requires employers with 15 or more employees to provide reasonable accommodations.

The Interactive Process

When an employee requests an accommodation - or when you become aware that one may be needed - you must engage in an interactive process:

1. Acknowledge the request promptly, even if informal
2. Gather information about the employee's limitations and how they affect job performance
3. Identify possible accommodations through discussion with the employee
4. Evaluate options considering effectiveness and business impact
5. Implement the accommodation and follow up to ensure effectiveness

Common Reasonable Accommodations

• Modified work schedules
• Reassignment to a vacant position
• Ergonomic equipment or workspace modifications
• Assistive technology
• Modified training materials
• Leave for medical treatment
• Remote work arrangements
• Job restructuring

Undue Hardship

An employer is not required to provide an accommodation that would cause significant difficulty or expense. Factors to consider include:

• The nature and cost of the accommodation
• The overall financial resources of the organization
• The impact on operations
• The size and type of the organization

The determination must be made on a case-by-case basis - you cannot apply a blanket policy.

Documentation

Maintain thorough records of:

• The initial request or trigger
• All communications during the interactive process
• Medical documentation received (kept confidential and separate from personnel files)
• Accommodations considered and reasons for selecting or rejecting each
• The accommodation implemented
• Follow-up evaluations

Common Mistakes

• Requiring a formal written request before engaging in the process
• Asking for more medical information than necessary
• Failing to consider the employee's preferred accommodation
• Treating accommodation requests as adversarial
• Not following up after implementing an accommodation