Preparing for Reasonable Accommodation Discussions

Over the past several years, many employers have experienced an increase in requests for reasonable accommodations under the Americans with Disabilities Act. Statistics from the Centers for Disease Control (CDC) indicate that 26 percent of adults in the United States have some type of disability. The ADA National Network reports that, in any given month, about 18 percent of workers in the United States report having a mental health condition.

Of course, not all disabilities require an accommodation, but employers should be prepared to recognize a request, whether it is made directly or indirectly. Not all requests will be made using the words “request for accommodation,” so managers and supervisors should be trained to understand when a request for a job modification or schedule change could indicate the need for an accommodation. It is also advised that managers be prepared to engage in conversations with the employee about any possible needs and understand when HR should be included in the conversations.

Employers often feel uncertain as they enter what the EEOC has titled “engaging in the interactive process.” Understanding the basics, having tools and resources at hand, keeping an open mind, and understanding that this is a problem-solving conversation should help ease the process. Establishing the mindset of helping the employee be successful in their role will keep your interactive process on a positive track.

There are several best practices that support employers preparing to engage in the interactive process:

• Job descriptions should identify the essential job functions (ideally with the percentage of time spent in each), the physical and mental requirements needed to successfully perform the job, and the environment in which the job is performed.
• Have your employee complete a written request for accommodation.
• Request medical documentation, if necessary, to confirm the employee has an impairment. Not all disabilities or accommodation needs are obvious, so an employer may need additional information to establish that the employee has a disability covered under the ADA.

These three documents will form the basis of your accommodation conversation. Before you meet with the employee, review the medical inquiry form to determine what type of accommodation has been recommended and conduct any necessary research. Ask the employee to come to your discussion meeting with ideas as well. Be prepared to take notes of your discussion and indicate the decisions that are reached and any open items. Follow up with an email or communication to the employee that summarizes your discussion and advises that any inconsistencies with what you have memorialized should be discussed with you immediately.

The following resources may help in determining if there is a disability, the options for accommodation, and with compliance during the process.

You may also contact MRA’s 24/7 HR Hotline at 866-HR-Hotline or 866.474.6854 or [email protected] with questions.

MRA Resources:

Handling an Employee Request for Reasonable Accommodation

Americans with Disabilities Act Toolkit

EEOC Guidance:

The ADA – Your Responsibilities as an Employer

Disability Discrimination and Reasonable Accommodation - Medical Inquiries, Leave and Telework