Beyond ADA Basics: Accommodation Best Practices for 2024
Advanced strategies for managing workplace accommodations efficiently, including emerging issues like neurodiversity and remote work accommodations.
AEA Editorial Team
The Accommodation Landscape Is Expanding
Workplace accommodation requests have increased substantially in recent years, driven by greater awareness of mental health conditions, the normalization of remote work as an accommodation, growing recognition of neurodivergent conditions, and the passage of the Pregnant Workers Fairness Act. Employers need accommodation processes that are not only legally compliant but also operationally efficient and culturally supportive.
Emerging Accommodation Areas
Neurodiversity
Accommodations for conditions like ADHD, autism spectrum disorder, dyslexia, and other neurodevelopmental differences are among the fastest-growing areas of accommodation requests. Common accommodations include:
- Quiet workspaces or noise-canceling headphones
- Written instructions rather than verbal-only directions
- Flexible scheduling to align with periods of peak focus
- Modified communication methods (email instead of phone, for example)
- Structured task lists and clear prioritization
- Reduced visual or sensory stimulation in the workspace
These accommodations are typically low-cost and often improve productivity. The key is engaging in a genuine interactive process rather than applying a one-size-fits-all approach.
Remote Work as Accommodation
The pandemic demonstrated that many jobs can be performed remotely. This has strengthened the argument that remote work is a reasonable accommodation for disabilities that make commuting or office presence difficult. Courts and the EEOC have increasingly recognized remote work as a potential accommodation where the essential functions of the job can be performed remotely.
Employers who allowed remote work during the pandemic will find it difficult to argue that the same work cannot be done remotely as an accommodation. If you are bringing employees back to the office, be prepared for accommodation requests for continued remote work and evaluate them on their individual merits.
Mental Health Accommodations
Requests for mental health accommodations, including modified schedules, reduced workload during treatment, additional breaks, and permission to attend therapy appointments during work hours, continue to increase. These requests must be evaluated through the same interactive process as any other accommodation request.
Streamlining the Interactive Process
Centralize Intake
Designate a specific person or team to receive and manage all accommodation requests. When requests go directly to individual managers, they are often handled inconsistently, delayed, or denied without proper evaluation.
Respond Promptly
Acknowledge every accommodation request within two business days, even if the full evaluation will take longer. Delayed responses create legal risk and communicate that accommodations are not a priority.
Use a Structured Framework
Develop a standardized process that includes:
- Receipt and acknowledgment of the request
- Clarification of the limitation and the needed accommodation, involving the employee
- Review of medical documentation if needed (limited to what is necessary)
- Identification of potential accommodations
- Evaluation of reasonableness and undue hardship
- Implementation of the chosen accommodation
- Follow-up to assess effectiveness
Document Thoroughly
Maintain a file for each accommodation request that includes the initial request, all communications, medical documentation, the options considered, the accommodation implemented, and the rationale for any denial. This documentation is essential for defending accommodation decisions.
Train Managers
Managers must understand that they cannot deny accommodation requests on their own, that they should not ask invasive medical questions, and that they must route requests to the designated accommodation coordinator promptly. Manager mishandling of accommodation requests is one of the most common sources of ADA litigation.
Difficult Situations
When the Requested Accommodation Affects Others
Sometimes an accommodation for one employee affects coworkers, such as a modified schedule that shifts work to others. The law does not require you to impose significant burdens on other employees, but it does require you to explore alternatives before denying the accommodation. Consider whether the work can be redistributed, whether temporary help can fill the gap, or whether a different accommodation would achieve the same result.
When the Employee Cannot Perform Essential Functions
If, after reasonable accommodation, an employee still cannot perform the essential functions of their position, the employer should consider whether reassignment to a vacant position is possible. Reassignment is the accommodation of last resort under the ADA, but it must be considered before termination.
When Requests Are Frequent or Evolving
Some employees need ongoing accommodation adjustments as their conditions change. This is normal and expected. Treat each adjustment as a continuation of the interactive process, not as a new burden.
A well-run accommodation program is not just a compliance function. It is a competitive advantage that allows you to retain experienced employees, reduce turnover costs, and build a reputation as an employer that supports its people.