The Process of Making a Reasonable Accommodation Request

The Americans with Disabilities Act (ADA) requires employers to make “reasonable accommodations” for employees and interviewees to ensure equal access and opportunity. This applies to the hiring process, and to current employees so that everyone can be guaranteed the same chance of success. Aside from being required by law, there are many benefits for employers to accommodate someone who makes a request.

Multiple studies have shown that making these accommodations incur little cost, and result in a much happier workplace, because people like working for a company that cares. In fact, between 2019-2022, half of employers who made an accommodation request did so with no cost at all. An astounding 85% of employers retained that employee, avoiding the costs of hiring and training someone new.
 

What does a reasonable accommodation request look like?

The process for requesting a reasonable accommodation can seem daunting, but it’s actually simpler than it’s sometimes made out to be. Yes, there are forms to provide and fill out, just as with anything HR-related, but a company can’t deny a request without clear, objective reasons that are provable in court.
 

Interested in learning more? Sign up for the SkillPath webinar, The ADA and Reasonable Accommodation

So, here’s what to know about making a request:

1. Start the conversation as soon as possible: You don’t have to use the phrase “reasonable accommodation.” You don’t even have to mention the ADA. But the company you work for (or are applying to) won’t know to accommodate you for something unless you ask.
2. It doesn't have to be in writing: It can be as simple as going to your manager and letting them know what’s happening. For example, you might undergo medical treatment two mornings a week, which makes you late for work. Your employer adjusting your starting time due to your medical treatment is a reasonable accommodation.
3. Be succinct and forthcoming: As uncomfortable as it might be, you do have to say that the accommodation is for a medical condition, rather than just discomfort or something similar. In order to accommodate a request, the condition has to meet the ADA definition of a disability. There isn’t a comprehensive list of what counts as a disability, so each request can be considered on a case-by-case basis.
4. Have all documentation in order: Your doctor should verify the nature, severity, and duration of your disability. Your employer is allowed to request a second opinion, but they must prove they have reasonable doubt when it comes to the validity of the original opinion. The employer is also responsible for paying for the employee to get a second opinion.
5. Choose who to talk to: Some people aren’t comfortable with their direct supervisor knowing about the specific nature of their medical condition. If this is the case, you can go to your HR rep. There isn’t a specific person to whom you must make the request, and making one doesn’t take away your right to medical privacy.

One of the biggest reasons why someone might not make a request is the phrase “undue hardship.” However, if a company is to claim undue hardship when not fulfilling a request, the proof needs to be thorough. This might happen if the accommodation would be overly complicated or expensive, or if it would put extra work on other employees. If you can't do the job even with the accommodation, (for example, if the job requires a lot of heavy lifting and you have a physical disability) then the employer can deny the request in this case as well.

The most important thing to know about the reasonable accommodation process is that it should be informal and collaborative. This is otherwise known as the "interactive process." The company is allowed to make alternative suggestions, and so are you. There's room for back and forth so that a solution that works for everyone can be realized. If there are two solutions, and both are reasonable but one costs less, then the employer can choose the more affordable option. But remember, the employer doesn't decide whether the condition meets the ADA's definition of a disability; a healthcare provider does.

Be up front about your disability, describe how it hinders your ability to do your job, and demonstrate how you could do the job normally if your request is met. The ADA understands that a person's needs change, and so should your employer. You're allowed to ask for an update to your accommodation, especially if it's demonstrable that it's not as effective as originally thought. Keep open communication, and if necessary, the whole process described above can begin again.