Reasonable Accommodations in the Workplace
Disabilities are extremely common. It is estimated that 26 percent of adults have at least one disability. A disability does not have to stop people from working. In fact, many people find that if they have the right tools, then they can efficiently do their jobs.
The Americans With Disabilities Act requires employers to give disabled people accommodations so that they can properly do their jobs. They also aren’t allowed to hire or fire people based on a disability.
Accommodation Categories
An accommodation can be placed in one of three categories. This includes changes to the application process, changes to the way that the job is done or change to work environment. There are several things that can be classified as accommodations.
- Making a facility more usable-This includes things like adjusting the height of a desk or adding a wheelchair ramp to the building.
- Restructuring the work hours-Many people find that adjusting their hours makes it easier for them to deal with their disability.
- Modifying the training and exam material-The format of the test can be changed. For example, people can take an oral exam instead of a written exam. People can also be given more time to take an exam.
- Providing people with paid leave so that they can get the medical treatment that they need
- Hiring an interpreter
- Changing the job tasks so that people will perform duties that better suit them
- Allowing people to have a service animal in the workplace
How You Can Negotiate An Accommodation
Even though the Americans With Disabilities Act requires employers to make the necessary changes, you are responsible for negotiating those accommodations. There are many checklists available so that you can ensure that your needs are being met. Here is a list of things that you need to keep in mind.
- You need to think about the type of job that you want and what you need to do the job.
- Write down how the specific tasks that you may have a hard time doing because of your disability.
- Write down a list of accommodations.
- Think about how long it will take for those accommodations to be made.
- Think about the availability and cost of the accommodation.
What About Undue Hardship?
Employers are not required to make changes that will create an undue hardship for them. Anything that will create a major expense or burden can be classified as an undue hardship. It can be difficult for employers to prove that making the necessary changes will create an undue hardship.
What If An Employer Won’t Make the Accommodations?
If your employer denies accommodations, then it is important for you to get everything in writing. Your request needs to be well-documented. You should also hire a good lawyer. An employment discrimination attorney can explain all of the laws that pertain to your case, such as the Equal Employment Opportunity laws.
