It’s important to handle requests for reasonable accommodation under ADA the right way. Find out more.
An individual’s request for an accommodation does not necessarily mean that the employer is required to provide the accommodation. Instead, a request for reasonable accommodation is the first step in an informal, interactive process between the individual and the employer to determine:
- Whether the individual’s condition meets the ADA definition of “disability”; and
- Whether the individual is qualified. Both are prerequisites for the individual to be entitled to a reasonable accommodation.
If the employee has a disability and is qualified, you should address the issue of reasonable accommodation by considering the following issues:
- Employee’s request for reasonable accommodation. An applicant or employee does not have to specifically request a “reasonable accommodation” but must only let your company know that some adjustment or change is needed to do a job because of a disability. To request accommodation, an individual may use “plain English” and need not mention the ADA or use the phrase “reasonable accommodation.” If an employee with a known disability has not requested an accommodation, but is not performing well or is having difficulty in performing a job—or performing it safely—you should assess whether this is because of a disability by addressing the performance problem with the employee.
Meeting both the requirements of safety and Americans with Disabilities Act (ADA) regulations can be tough sometimes. Find out how to meet the challenge and ensure compliance in both areas in an upcoming live BLR webinar. Click here for details.
- What should you ask? If an applicant or employee requests an accommodation and the need for the accommodation is not obvious, or if you do not believe that the accommodation is needed, you may request reasonable documentation to determine if the impairment is a covered disability and the extent of the individual’s functional limitation.
- Reasonable documentation. Reasonable documentation means that you are only entitled to documentation that is needed to establish that a person has a disability and that the disability necessitates a reasonable accommodation. You cannot ask for documentation that is unrelated to determining the existence of a disability and the necessity for an accommodation. Therefore, a request for complete medical records is likely to violate the law.
- What information must the employee provide? While an individual with a disability does not have to be able to specify the precise accommodation, he or she does need to describe the problems posed by the workplace barrier. Suggestions from the individual with a disability may assist you in determining the type of reasonable accommodation to provide.
- What if the disability is not obvious? If a job applicant or employee has a “hidden” disability—one that is not obvious—it is up to that individual to make the need for an accommodation known.
- What if the employee refuses a reasonable accommodation? You are not required to provide the specific accommodation requested by an employee. You may choose among reasonable accommodations as long as the chosen accommodation is effective. Your company has the final discretion to choose between effective accommodations and may select an accommodation that is less expensive or easier to provide.
Join us on December 9 for an in-depth live webinar that will provide you with an understanding of employee accommodation requirements under the ADA, strategies to make sure safety and ADA programs are aligned. Learn More.
Safety and the ADA: Meeting the Challenges
Like it or not, compliance with regulations in one area may put you into direct conflict with complying with another set of regulations. That is one of the challenges employers face when they attempt to meet the requirements for safety and Americans with Disabilities Act (ADA) regulations.
Let’s say you terminate an employee who has consistently failed to operate his forklift in a safe manner despite repeated warnings and training. What you may not know is that a protected medical condition is behind his poor performance. This means you have a duty to work toward a reasonable accommodation instead of showing him the door. The mistake is understandable, but it’s one that can cost your organization dearly.
Join us for an in-depth webinar on December 9 when our presenter, a seasoned professional in both the areas of ADA and safety, will provide you with an understanding of employee accommodation requirements under the ADA, strategies to make sure both the safety and ADA programs are aligned in areas, and legal approaches to consider when things get complicated.
You and your colleagues will learn:
- How recent changes to the ADA have increased your accommodation obligations
- What to do when you suspect a protected health condition is behind an employee’s poor safety performance
- How the ADA can affect your return-to-work and modified duty policies and procedures
- When it’s a good idea to call in outside counsel rather than trying to handle a potentially explosive situation on your own
- How to handle the tricky issue of employee drug and alcohol use in an ADA-compliant manner
About Your Presenter
Attorney Edwin G. Foulke, Jr. of Fisher & Phillips, LLP has worked in the labor and employment area for more than 30 years, specializing in occupational safety and health issues. He served as Assistant Secretary of Labor for OSHA from 2006 to 2008 and as chairman of the OSHA Review Commission from 1990 to 1995. In 2010, 2011, and again in 2012-2013, he was named as one of the ”50 Most Influential EHS Leaders” by “EHS Today” magazine, and in 2008, he was named as one of the “50 Most Influential EHS Leaders” in the United States by “Occupational Hazards” magazine. Mr. Foulke is recognized as one of the nation’s leading authorities on occupational safety and health issues and one of the top speakers and writers in this area.
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