The Americans with Disabilities Act (ADA) is a key federal law that protects employees with disabilities from workplace discrimination. But one of the most misunderstood aspects of the ADA is the requirement for reasonable accommodations. Employers sometimes struggle with what’s required, and employees often aren’t sure what they can request. So, let’s break it down.
What Is a Reasonable Accommodation?
A reasonable accommodation is any modification or adjustment that allows an employee with a disability to perform their job duties effectively. These can include:
- Adjusted work schedules or remote work options
- Modified workspaces (e.g., ergonomic chairs, standing desks)
- Assistive technology, such as screen readers
- Reassignment to a vacant position
- Adjusted policies (e.g., allowing a service animal in the workplace)
The key phrase here is reasonable. Employers aren’t required to grant every request—only those that don’t impose an undue hardship (42 U.S.C. §12112(b)(5)).
Who Is Covered?
Employees who qualify for accommodations must have a disability as defined by the ADA. This means a physical or mental impairment that substantially limits one or more major life activities (42 U.S.C. §12102(1)).
Employers covered by the ADA include private companies with 15 or more employees, government entities, and labor organizations (42 U.S.C. §12111(5)).
What’s Considered an Undue Hardship?
An employer can deny a request if it creates an undue hardship—meaning it’s excessively costly, disruptive, or significantly alters business operations (29 C.F.R. §1630.2℗). Factors considered include:
- The cost of the accommodation
- The employer’s size and financial resources
- The impact on operations and coworkers
However, just because an accommodation is inconvenient doesn’t mean it’s an undue hardship.
The Interactive Process
The ADA requires employers and employees to engage in an interactive process—a back-and-forth discussion to determine a workable accommodation (EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015)). Employers can request medical documentation to verify a disability but must handle the process in good faith.
Common Misconceptions About ADA Accommodations
- “The employee has to use the exact wording ‘reasonable accommodation.’” Nope. An employee just needs to communicate that they need help due to a medical condition.
- “Only full-time employees are eligible.” Wrong. Part-time and probationary employees are covered too.
- “Employers have to create a new position.” No, but they may need to modify an existing role or transfer an employee to a vacant position if they can’t perform their current job with accommodations.
West Virginia-Specific Considerations
West Virginia follows federal ADA guidelines but also has its own protections under the West Virginia Human Rights Act (W. Va. Code §16B-17–9). State law extends disability protections to smaller employers (12 or more employees within West Virginia) and may provide additional remedies for employees. Note that the West Virginia Human Rights Act has been moved in the West Virginia Code from 5–11‑1 to 16B-17–1.
Best Practices for Employers
- Have a clear accommodation policy in employee handbooks.
- Train managers on ADA compliance and best practices for handling requests.
- Document all accommodation discussions to avoid legal disputes.
- Be flexible and willing to consider creative solutions.
What Employees Should Do
- Make requests in writing to create a record.
- Be specific about the challenges faced and potential solutions.
- Engage in good-faith discussions with the employer.
- Seek legal guidance if they face pushback or discrimination.
Conclusion
Workplace accommodations help create an inclusive work environment while allowing employees to perform their jobs effectively. Employers and employees both have responsibilities in making the process work. By understanding the law and engaging in open communication, workplaces can avoid disputes and foster a culture of inclusion.
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