A reasonable accommodation is assistance or changes to a position or workplace that will enable an employee to do his or her job despite having a disability. Under the ADA, employers are required to provide reasonable accommodations to qualified employees with disabilities, unless doing so would pose an undue hardship. Qualified employees are those who hold the necessary degrees, skills, and experience for the job; and who can perform its essential functions, with or without an accommodation.
Examples of accommodations include:
These are just a few possible accommodations. The possibilities are limited only by an employee’s and employer’s imaginations—and the reality that one or more of these accommodations might be financially impossible in a particular workplace.
As one might imagine, the ADA has spawned yet another crop of workplace experts, all eager to give tips to employers on what they must do to comply with the law. Most offer some type of checklist or list of steps to take to help meet the ADA’s provisions.
In truth, the checklists are most valuable for employees who want to get or keep a job. If you have a disability, you will be in the best possible bargaining position if you approach a potential employer with answers to the questions on their list.
Here are some things to ponder:
Learn about how to request a reasonable accommodation.
The ADA does not require employers to make accommodations that would cause them an undue hardship: significant difficulty or expense. To show that a particular accommodation would present an undue hardship, an employer would have to demonstrate that it was too costly, extensive, or disruptive to be adopted in that workplace.
The EEOC, in its role as the federal agency responsible for enforcing the ADA, has set out some of the factors that will determine whether a particular accommodation presents an undue hardship on a particular employer:
It is not easy for employers to prove that an accommodation is an undue hardship, as financial difficulty alone is not usually sufficient. Courts will look at other sources of money, including tax credits and deductions available for making some accommodations and the disabled employee’s willingness to pay for all or part of the costs.
According to ergonomic and job accommodation experts, the amount of money employers would need to pay to accommodate a particular worker’s disability is often surprisingly low:
• 31% of accommodations cost nothing.
• 50% cost less than $50.
• 69% cost less than $500.
• 88% cost less than $1,000.
Following are listed problems that recently surfaced—and their inexpensive solutions.
Problem: A person had an eye disorder. Glare on the computer screen caused fatigue.
Solution: The employer purchased an antiglare screen for $39.
Problem: An individual lost the use of a hand and could no longer use a camera. The company provided a tripod, but that was too cumbersome.
Solution: A waist pod, such as is used in carrying flags, enabled the individual to manipulate the camera and keep his job. Cost? $50.
Problem: A seamstress could not use ordinary scissors due to pain in her wrist.
Solution: The business purchased a pair of ergonomically designed spring-loaded scissors for $18.
Problem: A receptionist, who was blind, could not see the lights on her telephone that indicated whether the telephone lines were ringing, on hold, or in use at her company.
Solution: The company bought a light probe, a pen-like product that detected a lighted button, for $45.
Problem: A medical technician who was deaf could not hear the buzz of a timer, which was necessary for specific laboratory tests.
Solution: An indicator light was attached for $26.95.
Problem: A person who used a wheelchair could not use a desk because it was too low and his knees would not go under it.
Solution: The desk was raised with wood blocks, allowing a proper amount of space for the wheelchair to fit under it. Cost? Nothing.
Source: The Job Accommodation Network, http://askjan.org/.
I have an anxiety disorder, for which I take medication and receive counseling. I work as a paralegal in a big law firm. My old supervisor was very organized. We had a weekly meeting to discuss progress on cases, she was very clear on assignments, and she gave me notice well in advance of any meetings I had to attend about cases. (I sometimes have to present information at these meetings, and my anxiety can become overwhelming unless I have plenty of time to prepare.)
Now I have a new supervisor, and it's a disaster. She comes in my office all of the time to talk about different cases and give me assignments. She sometimes springs meetings on me at the last minute, once asking me to pinch hit for a coworker when it wasn't even my case. I've tried to tell her that I need clearer instructions and more time to prepare for meetings, but she just says I need to adjust to her style. My anxiety is getting so much worse; can I ask for a different supervisor?
Often, changes in supervision are the most effective reasonable accommodation for mental disabilities, including anxiety. But a change in "supervision" is not necessarily a change in the person doing the supervising. It all depends on how your condition manifests and what changes are possible given your job and your employer.
Remember that you're entitled to a reasonable accommodation only if your employer is covered by the Americans with Disabilities Act (ADA) and you have a disability as defined by the ADA. Private employers with at least 15 employees are covered, so it sounds like the first requirement is met.
Whether anxiety disorder constitutes a disability depends on how your condition affects you. A disability, as defined by the ADA, is a physical or mental impairment that substantially limits a major life activity (such as sleeping, thinking, or caring for oneself) or a major bodily function. Even if your condition is largely controlled by medication and treatment, it still qualifies as a disability if it is disabling when active, without taking these mitigating measures into account. Garden-variety nerves, such as fear of public speaking— said to afflict most people—or first-date jitters are not disabilities. But an anxiety disorder that puts significant limits on your daily activities is a disability under the ADA.
Assuming your anxiety disorder qualifies as a disability, you are entitled to a reasonable accommodation: changes to your job or your workplace to enable you to perform the essential functions of your position. As noted above, changes in supervisory style—including giving assignments in a particular way, providing feedback more or less often, minimizing distractions, and so on—are sometimes very helpful for anxiety disorders and other disabilities.
In your situation, for example, you might want your supervisor to give you advance notice of any meetings at which you will have to speak, to provide you with written assignments at the start of each week, to minimize any changes to your work or schedule, and to stop interrupting you when you are trying to get your work done.
Even if you would rather report to someone else, the ADA doesn't give you the right to tell your employer how to run its business or who to promote. You are entitled to an effective reasonable accommodation, not necessarily the precise accommodation you prefer. You and your employer must sit down and discuss the options for accommodating your condition to come up with something that will work for you without creating unreasonable hardship for your employer.
To get started, write a reasonable accommodation letter that explains your condition and sets out some accommodations that might work. You may need to include information from your doctor about your anxiety (or offer to provide it, on request).
For tips on what to include in your letter, see Requesting a Reasonable Accommodation. You can find lots of accommodation ideas at the website of the Job Accommodation Network; look for "anxiety" in their A to Z list of disabilities and accommodations.
I went through a traumatic experience and was recently diagnosed with post-traumatic stress disorder. In addition to therapy and medication, my doctor has recommended that I get a dog to help me cope with my disorder. I would have to bring the dog with me to work, but my employer has a strict no-pet policy. Can my employer refuse to allow me to bring the dog to work?
Under the federal Americans with Disabilities Act (ADA), employers must provide reasonable accommodation to employees with disabilities, unless it would impose an undue hardship on the employer. Allowing an employee to bring a dog to work can qualify as a reasonable accommodation, but only if the dog qualifies as a “service animal” under the ADA.
A service animal is any dog (and in some cases, miniature horses) that is trained to perform specific tasks for the benefit of an individual with a physical or mental disability. Acceptable tasks include, among others, picking up a dropped item, guiding a person who is blind, pressing elevator buttons, sending for help, or reminding a person to take medication.
However, a dog that has not been trained in any specific task and provides only emotional support or comfort does not qualify as a service animal. These animals are called “emotional support animals” and are not covered under the ADA. (A minority of states, including California, have disability discrimination laws that include emotional support animals as a reasonable accommodation.)
From your question, it’s not clear exactly what the dog will be doing to help with your PTSD. If the dog’s sole purpose is to provide you with emotional comfort, and it hasn’t been trained to recognize and respond to the symptoms of your disorder, then your employer won’t be required to accommodate you.
However, if the dog performs any tasks that will help with your PTSD, such as reminding you to take medication or calming you down during an onset of anxiety, your employer must accommodate you.
You should let your employer know that you need the dog because you have a disability, but you don’t need to specify what your disability is. Your employer can ask you what specific task the dog has been trained to perform, but it cannot ask for a demonstration or require you to provide a medical certification.
For more information on service animals in housing or in public settings, see Nolo’s article, Psychiatric Service Dogs & Emotional Support Animals: Access to Public Places & Other Settings.
If you have a recognized disability under the ADA, one common workplace accommodation is the use of a service animal—for example, guide dogs for the blind. In general, your employer must allow the use of service animals (and provide any other accommodations) unless doing so would cause undue hardship.
That means your employer has to have good reasons why it can't allow the use of a service animal at work. In practice, this is a high bar especially for well-trained service animals. If your employer denies your requests, tries to fire you, or take any other negative action against you, contact an employment lawyer right away to discuss your legal options.
]]>I have been diagnosed with depression. I have begun a course of treatment, including medication and therapy, but I am still tired much of the time, have difficulty concentrating, and don't remember things very well. I'm having trouble doing my job, but I'm not sure what my employer can do to improve the situation, beyond giving me time off to see my therapist. Are there reasonable accommodations an employer can provide for depression?
As long as you are covered by the Americans with Disabilities Act (ADA), your employer must make reasonable accommodation for your condition, unless doing so would create an undue hardship. The symptoms you are describing are common for people suffering from depression. And, there may be some accommodations that can help, from changes in the way you receive your assignments to flexible scheduling.
The ADA requires employers to provide reasonable accommodations to allow employees with disabilities to do their jobs. Not every condition or impairment qualifies as a disability: It must substantially limit a major life activity or a major bodily function. From what you have described, it sounds likely that your depression will meet this test. Concentrating, thinking, sleeping, and caring for yourself are all major life activities. If your condition impairs your ability to perform these basic functions, you will likely be found to have a disability.
A reasonable accommodation is a change to the workplace or the job itself that will allow a person with a disability to perform the essential job functions. When many people think of reasonable accommodations, they picture physical changes to the workspace, such as widening hallways, making a bathroom accessible for someone in a wheelchair, or installing ramps and handrails. Indeed, any of these changes might be a reasonable accommodation. However, many accommodations don't require purchasing equipment or doing construction, but instead require changes in style. For mental disabilities in particular, the most effective accommodations may involve the way others manage, schedule, and communicate with you.
Here are some examples:
Of course, the specific accommodations that would be most effective for you will depend on your condition, your job, your workspace, and your employer. You can find many more ideas at the Job Accommodation Network's page, Accommodation Ideas for Depression.
Read on for more about your employer's responsibilities when it comes to accommodating and asthma and other respiratory conditions.
Private employers with at least 15 employees must comply with the ADA, so employees who work for all but the smallest employers are covered. Even if your employer is too small to be subject to the ADA, there may be a similar state law that protects you.
Assuming your employer is subject to the ADA, is your asthma a disability? The answer is probably so. A disability is a physical or mental impairment that substantially limits a major life activity or major bodily function.
Even if your condition is largely controlled by medication, it still qualifies as a disability if it is disabling when active. Because asthma typically impairs the proper function of the respiratory system, it is often found to be a disability.
If your asthma is a disability, you have a right to reasonable accommodation: changes to the job or workplace that will allow you to perform the essential functions of your job.
Often, accommodations for asthma involve air quality. For example, you may need for your employer to switch to nontoxic cleaning or maintenance materials, install an air filter in your work area, consider policies limiting fragrances, or give you notice of potentially triggering workplace events (such as painting, construction, mowing, or pest eradication).
However, your employer need not provide an accommodation that will create an undue hardship. An undue hardship is significant difficulty or expense, considering the size, resources, and industry of the employer. For example, it might create an undue hardship to require your employer to install a central ventilation and air filtration system. However, giving you an office with doors that close and a personal air filter device might be a reasonable accommodation that isn't too costly or disruptive.
To start the accommodation process, write your employer a reasonable accommodation letter. Include information about your disability, your limitations, and any accommodation ideas you might have. (For tips on writing a letter, see Requesting a Reasonable Accommodation.)
For ideas on accommodating asthma and other respiratory ailments, check out the website of the Job Accommodation Network; it has an A to Z directory of ailments and accommodations.
If your request for a disability-related accommodation has been refused, contact an employment law attorney to discuss your legal options.
I have fibromyalgia, which causes me to have migraine headaches and pain, particularly in my neck and upper body. My pain level varies, but it is severe on occasion. I have told my manager and asked for an accommodation, but he only makes light of my condition, saying things like "everyone gets headaches," or "no pain, no gain." Doesn't my employer have a duty to provide reasonable accommodation?
Whether your employer has to provide a reasonable accommodation depends on two things: whether you have a disability, and whether the modifications you need would create an undue hardship for your employer.
The Americans with Disabilities Act (ADA) defines a disability as a mental or physical impairment that substantially limits a major life activity (such as walking, sleeping, or caring for oneself) or a major bodily function. Rather than providing a list of conditions that are considered disabilities, the ADA instructs employers (and courts, if it comes to that) to look at how the employee's condition affects his or her functioning. Because the symptoms and severity of fibromyalgia can vary, some people who have fibromyalgia may not be considered to have a disability as legally defined. However, recent amendments to the ADA make clear that Congress wants courts to err on the side of inclusion, allowing as many people to be covered by the law as possible.
Assuming you have a disability, the next question is whether accommodating you would create undue hardship for your employer. An employer doesn't have to provide a reasonable accommodation that would involve significant expense or difficulty, considering the size, resources, and type of business of the employer. For the symptoms you are experiencing, potential accommodations might include:
(You can find many more accommodation ideas at the Job Accommodation Network's page on fibromyalgia accommodations.) Of course, the precise accommodations you need will depend on your job and your symptoms. As you can see from the list above, however, effective reasonable accommodations need not be particularly costly or disruptive. Even the smallest employer can afford a computer glare screen and non-fluorescent lighting!
Restart the process with your manager by putting your disability and your request for an accommodation in writing. (For a sample letter and tips for writing your own, see Requesting a Reasonable Accommodation). If your manager doesn't take you seriously, move up the chain of command. If your company has a human resources department, give them a copy of your request as well. Even keeping in mind that many people aren't aware of how painful and debilitating fibromyalgia can be, your manager's comments might be characterized as harassment based on your disability, particularly if they persist after you clearly point out your condition and limitations.
Most employers are legally required to provide reasonable accommodations to employees and job applicants. 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.
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.
Employers must also provide reasonable accommodations to help a prospective employee apply for the job. For example:
The duty to accommodate during the application process and the duty to accommodate during the employment relationship are two separate obligations, and each must be considered on its own.
In other words, an employer must provide reasonable accommodations to allow someone to apply for the position, even if it believes it would not be able to provide an accommodation for the employee to actually perform the job.
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 and applicants 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 people 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.
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:
Here's an example of a reasonable accommodation letter, written by an employee who has depression and needs some scheduling changes.
March 13, 20XX
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
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—instead of moving her start time to 10 a.m. 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.
]]>Reasonable accommodations take many forms, from enlarging bathrooms stalls to accommodate a wheelchair to providing TDD equipment to allow a person with impaired hearing to communicate by phone. Time off work or a remote working option may also be a reasonable accommodation. However, the ADA doesn’t require employers to give unlimited leave to someone with a disability.
Employers are required to make reasonable accommodations to allow employees with disabilities to do their jobs. Only qualified employees with disabilities are entitled to accommodation. An employee is qualified if:
A reasonable accommodation is assistance (technological or otherwise) or a change to the workplace or job that allows the employee to perform its essential functions. Examples include:
Once an employee requests an accommodation, the employer and the employee must talk and work together to see whether a reasonable accommodation is possible.
The employer doesn’t have to grant the particular accommodation an employee requests, as long as the employer works with the employee to find an effective accommodation. For example, if an employee requests a very expensive accommodation, the employer may provide a less costly solution, as long as it allows the employee to perform the job.
An employer does not have to provide an accommodation if doing so would create an undue hardship. Whether an accommodation creates an undue hardship depends on a number of factors, including:
An accommodation that would be extremely costly could well be an undue hardship. Even a less expensive modification could be an undue hardship, if it would change the nature of the business. For example, even if it would be relatively cheap to install bright lighting in a previously dimly lit, romantic restaurant, that change would fundamentally alter the character of the business in way that could be an undue hardship.
An employee with a disability might need leave from work—or the option to work remotely—as an accommodation. For example, an employee with a disability might need time off for surgery, intensive cancer treatment, rehabilitation for substance abuse, or a long period of rest following a serious injury.
Whether an employer has to offer such time off as a reasonable accommodation depends, ultimately, on whether it would create an undue hardship. Here are some things courts have considered when deciding whether leave constitutes a reasonable accommodation.
An employee who is covered by the federal Family and Medical Leave Act (FMLA) is entitled to up to 12 weeks of leave per year for his or her own serious health condition, among other reasons.
So, an employee whose disability also qualifies as a serious health condition under the FMLA may be entitled to take 12 weeks off to recuperate. (Learn much more about the FMLA, including what counts as a serious health condition, at our FMLA page.)
An employee who is unable to return to work after using up the 12 weeks of FMLA leave may be entitled to more time off as a reasonable accommodation. The employee’s entitlement depends on whether additional leave would create an undue hardship, considering the factors listed above. For example, an employee who needs a couple of additional weeks off to recover from surgery might be entitled to that leave as a reasonable accommodation, particularly if the employer has granted lengthy leaves for other purposes.
However, an employee who is unable to do the job following FMLA leave, and doesn’t know whether or if it will ever be possible to return to work, is almost certainly not entitled to take open-ended time off as an accommodation.
]]>I was diagnosed with post-traumatic stress disorder (PTSD) after being stalked and assaulted by an ex-boyfriend. I've begun seeing a therapist and a psychiatrist, which has helped me start to heal. I'm trying a new anxiety medication, and I want to start attending a weekly therapy group for survivors of sexual assault. I am going to need some assistance at work to continue my recovery. In addition to time off for therapy and medical appointments, I would like to have my calls screened and also change my workspace so I am not sitting in a cubicle that is visible from the entrance to the office. My ex used to call and check on me at work, and this is causing me a lot of stress. Do I need to tell people why I want these changes? Can my employer see the notes from my therapy sessions? I'm really concerned about my privacy, but I need help.
Your employer has no right to ask for your therapists' notes, and you don't have to tell your coworkers anything unless you want to. However, you will need to tell your manager or HR representative about your condition, including the changes you want and why you believe they would help. You may also have to submit some medical documentation.
Under the federal Americans with Disabilities Act (ADA) and similar state laws, employers may not discriminate against employees with disabilities. Employers must also provide reasonable accommodations to allow employees with disabilities to perform their jobs.
The ADA doesn't include a list of conditions that will always qualify as disabilities. Whether a condition is a disability depends on how it affects you as an individual. An impairment that substantially limits a major life activity or major bodily function is a disability under the ADA. PTSD generally affects proper brain functioning, among other things. So, it's likely your condition is a disability.
If you want a reasonable accommodation for a disability that is not obvious, the burden is on you to request it and provide documentation to your employer. If you were in a wheelchair and asked your employer to raise your desk height so you could fit your chair beneath it, you probably wouldn't have to document your condition. Your disability and need for an accommodation would be obvious. In the case of mental disabilities, however, employees will usually have to reveal their conditions and need for modifications.
Schedule a private meeting with your manager or HR representative and explain your situation. Explain that you have been diagnosed with PTSD and will need some accommodations to help you do your job. Describe the accommodations you would like. Although your employer doesn't have to provide the exact accommodations you want, it does have to engage in a dialogue with you to come up with an effective accommodation. As part of the process, you may be asked to provide documentation from your therapist or doctor of your condition and your need for an accommodation. (The Equal Employment Opportunity Commission has posted some guidance your health care providers may find helpful: The Mental Health Provider's Role in a Client's Request for a Reasonable Accommodation at Work.)
]]>I have attention deficit disorder (ADD), a condition that affects my ability to concentrate and focus. I have taken medication for my ADD since I was a teenager, and I periodically meet with a physician to discuss my condition and adjust my medication. I recently started a new job.
I told my supervisor that I had ADD and spoke to him about some of the accommodations that have worked for me in the past, such as receiving work assignments in writing, having weekly progress meetings, and wearing headphones to drown out distracting noise.
My supervisor doesn't have any experience with ADD, so I was thinking it might be helpful for my doctor to write a note explaining my condition and its effects. Can my doctor ask for reasonable accommodations on my behalf?
Your doctor can suggest possible accommodations, but your employer doesn't have to agree to them. Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to allow employees with disabilities to do their jobs.
However, an employer need not provide the precise accommodation the employee requests; it may suggest different accommodations, as long as they are effective in allowing the employee to work.
An employer need not provide an accommodation that creates an undue hardship: significant expense or difficulty, given the size and resources of the employer. Cost is probably the main reason why employers don't adopt a particular accommodation. However, the employer is obligated to work with you to come up with an accommodation that will be effective.
Providing a note from your doctor is a great way to educate an employer who is unfamiliar with your condition. Because doctors specialize, your doctor likely has many patients with ADD, and therefore expertise in the types of workplace accommodations that have been effective for other patients (and for you in the past).
Your doctor will want you to sign a consent form, allowing the doctor to provide details about your medical condition that would otherwise have to be kept confidential. Once you've given your consent, the doctor should write a brief letter explaining your condition and suggesting possible accommodations.
The Equal Employment Opportunity Commission (EEOC), the federal agency that interprets and enforces the ADA, recently issued some guidance on doctors' notes. The EEOC suggests that doctors provide the following information:
Ask your doctor to provide you with a copy of the letter, so you'll know exactly what information your employer is using to make its decisions. Once your company has received the letter, schedule a meeting with your manager to go over possible accommodations and come up with a workable solution.
If your employer has refused your request for an accommodation, or otherwise discriminated against you on the basis of your disability, contact an experienced employment law attorney to discuss your legal options.
You can find an attorney near you using Nolo's Lawyer Directory.