Many people have heard of the “Americans with Disabilities Act” (ADA) or even the phrase “reasonable accommodation.” It seems few outside the Human Resources community understand what is involved with either. Here is a good start: do not model your company’s compliance or employment practices after anything you see on a TV or streaming series. While the scenarios on those make for great entertainment, they usually are very different from reality.
The ADA is a federal law which requires most employers to provide “reasonable accommodations” to applicants and employees with disabilities and prohibits discrimination on the basis of disability in employment. Let’s start with which employers are covered by this. All state and local governments, regardless of size, are covered. Private employers with 15 or more employees are also covered by this law. This law does not give a preference to individuals with disabilities. It simply prevents adverse action because of a disability. For ethical employers, this creates no concerns and requires no deviation of practice.
Perhaps the most challenging decisions to make in complying with the ADA is understanding what is required for a reasonable accommodation – and what is NOT required. It can be difficult to tell an employee “no” to a request but all requests do not have to be honored. Reasonable accommodations might include restructuring jobs, making workstations accessible, or changing schedules around. It does not require actions that compromise essential production or involve substantial cost.
The best practice is to keep a log of every accommodation request made by any employee, the decision that was made, when, and why. This ensures consistency throughout the organization and creates a record of the employer’s decisions in the event of a disagreement. In addition to keeping a log, here are some tips to be consistent and compliant:
1) Require a written medical opinion before considering any request for accommodation. Employers should not request a diagnosis, but verification of a disability including the employee’s restrictions or limitation of ability is essential. We cannot proceed with a meaningful analysis of how to accommodate an unknown limitation. A written restriction from a medical provider ensures we are accommodating disabilities not preferences of employees.
2) The employer should next have an interactive discussion with the employee to ask what he or she believes they can do. This discussion should ask open ended questions and get the employee’s input on which jobs they can do within their abilities and what modifications they think would successfully allow them to continue to work. Deference to the employee’s suggestions are not required, but a good faith interaction is required and is genuinely helpful for employers who endeavor to accommodate those with disabilities. The employer should keep good file notes of who attended the interactive discussion, what was said, and any decisions made.
3) Understanding the length of time the employee anticipates needing an accommodation is also helpful. Decisions should be made about accommodation for the current situation, but circumstances may change. Time limitations should be shared openly with the employee. For example, if a light duty job is likely to run out, sharing this from the beginning can allow everyone to plan and manage expectations. An employer is never required to “make up” work for an accommodation.
4) Finally, internal discussions about why an accommodation cannot be made are critical. The employer must separate “we cannot do this” from “we don’t want to do this” or “we have never done it this way.” If a shift begins at 1:00 pm and the person needs to come to work at 2:00, is there really a production or financial problem with letting them arrive at 2:00? If not, their request is likely reasonable and the accommodation should be made. Getting a few internal people involved in the discussion is usually helpful to get past the barrier of habit. Creativity is a helpful skill in trying to make accommodations.
5) When in doubt, engage an expert to help set up your organization’s process and walk through the first few that come along. This will make future discussions easier and consistent.
Tommie Jo Brode is the President of Venice Solutions Group, based in Hudson, Ohio. The firm was founded in 2021 with a commitment to good workplace communication, best employment practices, and promoting common sense solutions. Venice Solutions Group helps public, private, and non-profit organizations solve small problems before they become bigger ones and address big issues before they become more costly. Learn more at venicesolutionsgroup.com.
