Requesting a Reasonable Accommodation

Put your employer on notice of your disability with a reasonable accommodation letter.

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

If you have a disability, as defined by the Americans with Disabilities Act (ADA), you might need a reasonable accommodation to do your job. Employers are legally required to provide reasonable accommodations. However, employers aren’t required to guess that you have a disability or what type of accommodation might be useful. You must take the first step by requesting an accommodation – and the best way to do so is by writing a reasonable accommodation letter.

What Are Reasonable Accommodations?

A reasonable accommodation is assistance or a change in the job or workplace that will enable an employee with a disability to perform the position’s essential functions. An accommodation might be structural, such as widening a hallway to accommodate a wheelchair or adjusting the lighting in an employee’s workspace. It might be technological, such as providing voice-activated software. Some accommodations involve changing workplace rules, including relaxing uniform requirements or allowing more flexible work schedules.

How to Request an Accommodation

It is the applicant’s or employee’s responsibility to request a reasonable accommodation initially. The employer doesn’t have to anticipate this need. This makes sense, as one of the purposes of the ADA was to eliminate paternalism and biased assumptions about what people with disabilities can and cannot accomplish. Rather than requiring employers to make presumptions about an employee’s disability and potential accommodations, the ADA requires the employee to come forward and request assistance.

Employees do not have to request an accommodation in writing, nor do they have to use any particular words. (For example, they don’t have to mention the ADA or use the words “reasonable accommodation.”) This rule is intended to protect employees who may not be aware of their legal rights.

Even though you aren’t legally required to formalize your request, however, it’s a very good idea to do so. Your reasonable accommodation request puts the employer on notice and sets the accommodation process in motion. A written request will ensure that your employer takes you seriously and has sufficient information to research accommodation options. It will also give you proof, should you need it in a later dispute, that you requested an accommodation.

What to Include in Your Reasonable Accommodation Letter

In your reasonable accommodation letter, you should provide all the information your employer will need to begin the accommodation process, including what your disability is, how it affects you, which aspects of your job might require modification, and proposed accommodations. Here’s a checklist of facts to include:

  • Your name and position. Even if you are writing to some who knows you well – such as your immediate supervisor – your letter may have to go up the management chain, to the HR department, or to other people who aren’t familiar with your situation.
  • The date. This may prove important later, if you and your employer dispute whether and when you requested an accommodation.
  • Information about your disability. Identify your disability and briefly describe how it affects your ability to do the job.
  • A request for accommodation. Don’t forget the point of the letter: to ask for a reasonable accommodation.
  • Accommodation ideas. If you know what you need, don’t be afraid to come right out and say it. If there are a variety of options, briefly describe them.
  • Medical information. You may want to attach a letter from your doctor, briefly describing your condition and limitations. Or, you could offer to provide such documentation on request.

Sample Reasonable Accommodation Letter

Here's an example of a reasonable accommodation leter, written by an employee who has depression and needs some scheduling changes.

March 13, 2013

To: Bob Jones, HR Director

From: Sarah Smith, Customer Service Representative

Dear Mr. Jones,

I am a customer service representative in the Omaha call center. I work 40 hours a week, including four shifts in the office and one at home.

I was recently diagnosed with major depression. As a person with a disability under the Americans with Disabilities Act (ADA), I am requesting reasonable accommodation to allow me to perform my job duties. I am currently taking medication for my disability that makes me groggy and slow to get started in the morning. I would like to change my work schedule so that I start work at 10 a.m. rather than 8:30 a.m., to make sure I don’t miss any work and can work efficiently throughout my shift. I will also need two hours off every week to meet with my psychiatrist.

Please let me know if you need medical documentation of my disability and need for accommodation. I look forward to meeting with you to discuss options for accommodating my disability.

Sincerely,

Sarah Smith

What Happens Next

Once your employer receives your request, it is legally obligated to work with you to come up with a reasonable accommodation, if possible. The law describes this obligation as the duty to engage in a “flexible, interactive process.” Your employer doesn’t have to provide the specific accommodation you request, but it must work with you to come up with an effective accommodation. For Sarah Smith, in the example above, the employer might want to move her to a later shift – say, one that starts at noon – rather than shift her start hours to 10 a.m., for example. Or, the employer might want her to make up her missed hours by working a sixth day, rather than working later on her scheduled days. Whatever accommodation you and your employer agree on, you should put it in writing, signed and dated by both of you.

An employer need not provide a reasonable accommodation if it would create an undue hardship: significant difficulty or expense, considering the cost of the accommodation, the size and financial resources of the business, the structure of the business, and how the accommodation would affect the business.

If you believe you have been unfairly denied a reasonable accommodation, whether because your employer never responded to your letter, your employer provided an accommodation that didn’t solve the problem, or your employer claimed that no accommodation was possible without undue hardship, you should contact an experienced disability discrimination attorney for help.

by: , J.D.

Talk to an Employment Attorney

Need a lawyer? Start here.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO2:DRU.1.6.2.20140917.28520