Q: What is a reasonable accommodation?
A: A reasonable accommodation is a change or
adjustment to a job or a workspace that allows a person with a disability to
apply for a job or to perform the essential functions of a job.
Q: What does “essential functions of a job”
mean?
A: Most jobs are made up of more than one
function. Very few people go to work and do the exact same thing, all day, every
day. Essential functions are those job duties and skills which are necessary to
do or be able to do in order to perform the job. In other words, without them
the job could not be done.
Q: When is an employer required to provide a
reasonable accommodation?
A: Employers are required to provide reasonable
accommodations to any person with a disability who is either working or looking
for work. The requirement is ongoing. In other words, an employer cannot refuse
an accommodation request for an employee just because the employee already
receives an accommodation or received one in the past, or because she didn’t ask
for the accommodation when she began working there.
Q: I’m looking for work right now. Can I request an
accommodation to assist me in applying for a job?
A: Yes. If you need an accommodation to be able
to participate in the application process, then you may request one, and a
potential employer would have to provide it for you as long as it is reasonable.
For example, an individual who is deaf may request that a company provide an ASL
interpreter during his interview for a job.
Q: What are some examples of reasonable
accommodations?
A: Examples of reasonable accommodation can
include:
Changing the employee’s work
schedule
Restructuring
the employee’s job
Assigning non-essential functions of
the job to other employees
Providing the employee with special
equipment, devices or software
Providing the employee with whatever
assistance is needed to permit the employee to participate fully in meetings,
seminars, etc., such as a sign-language interpreter or a reader
Providing the employee with additional
training
Providing the employee with paid or
unpaid leave needed due to the disability
This is not a complete list of all possible reasonable accommodations,
but only a list of some examples. Employers and employees should work
together to identify the most appropriate accommodation given each of their
needs.
Q:
Are there any accommodations my employer would not have to provide?
A:
Yes. Some accommodations would not be considered “reasonable,” and so would
not be required. For example, two types of accommodations that an employee might
request which would not be considered “reasonable accommodations” are:
•
Accommodations that would not be effective in allowing the employee to perform
the job’s essential functions.
Example: A school bus driver could not reasonably expect an employer to provide
as an accommodation that he only be required to work after 6 pm. The nature of
the job is such that it can only be performed during hours when transportation
to and from schools is needed, i.e. in the morning and early afternoon. The
ability to work at these times is therefore an essential function of the
job.
•
Accommodations that would be an undue hardship on the employer. Undue hardship
means that the accommodation would pose a significant difficulty or expense on
the employer.
Example: A paralegal for a small law firm could not expect as a reasonable
accommodation that her employer hire a full time assistant to do those things
that she cannot do because of her disability. This is an undue hardship because
the accommodation is too expensive.
Q: I want to ask my employer for an accommodation
that I think is reasonable. How do I go about asking for it?
A: To make a reasonable accommodation request,
all you need to do is discuss your request with someone at your employer’s
offices who has the power to act on your request. Depending on how large or
small your employer is, that might be an officer of the company, your direct
supervisor, a human resources representative, or some other company official.
Some employers have a person whose entire job it is to deal with such requests –
if yours does, then that’s the person to approach. If you’re not sure who to
ask, then your supervisor is probably the best place to start.
As for the request itself, while it doesn’t need
to be in writing, it is a good idea whenever possible to put it in writing, or
to follow up any verbal request that you make with a written memo. It does not
need to be formal. Issues your request should address are:
What is your disability? Describe it in as
simple terms as you can – remember that the person reading your request is not
a doctor. If your disability is not obvious or already known to your employer,
it would be to provide a letter from a doctor or other medical professional
explaining why you need the accommodation.
How does your disability affect your ability to
do your job? Be as specific as possible. The more this information is, the
easier it will be for your employer to understand why you need what you are
requesting.
What reasonable accommodation are you
requesting? Give several suggested accommodations that you believe will help
you perform your job. If your request involves purchasing some item, you might
want to include an estimate of the cost. If it’s time off you need, you should
give an estimate of how much time.
Q: I prepared and submitted my request. What
happens next?
A: What happens next is that your employer
should respond within a reasonable period of time. If necessary, you and your
employer should discuss your request in greater detail and work together to come
up with an accommodation that will work well for everyone. Your employer may
have an alternate accommodation idea, different from what you asked for. It’s
important that you consider the employer’s idea and, if you don’t think it will
work, explain clearly why it won’t work. Also, be prepared to offer other
suggestions. The idea is for this process to be a joint effort of the employer
and employee to find a solution that will allow you to do your job and enable
your employer to run its business.
If your employer offers a different accommodation, ask
yourself: “Will this accommodation allow me to perform the tasks my job
requires?” If the answer to this question is “yes,” then perhaps the employer’s
offered accommodation will solve the problem. If not, you need to explain to
the employer what is wrong with its proposed accommodation.
Here are a few suggestions for this collaborative
process:
Keep copies of all documents that go back and forth during
the process outlined above. They will be important if you are unable to reach
an agreed resolution.
There are certain types of accommodations that are not
reasonable to expect, such as:
A promotion
Creating a new job that does not exist in the
organization
Bumping another employee from a job in order to give it to
you
An indefinite leave of absence
Q: Can my employer ask me to submit medical support
for my request?
A. Yes. An employer may ask for reasonable
documentation regarding a person’s disability and/or functional limitations so
that it can assess the employee’s request for accommodation. However, this does
not mean that an employer has the right to look into an employee’s entire
medical history. Reasonable documentation means only that documentation which is
needed to establish that a person has a disability and needs an accommodation as
a result of the disability.
Q: I did everything you said but my employer didn’t
do any of the things you said they’re supposed to do. What do I do
now?
A: First, make sure that you have waited a
reasonable time after making your request before taking any other actions.
(This is one reason why it’s better to make the request in writing; letters have
dates on them, which will show that you waited a reasonable time before doing
anything else.)
If you have waited that reasonable time, then do the
following:
If you work for an employer that has an internal grievance or
dispute resolution process, file a complaint stating what accommodation you
asked for, when you asked for it, and that no action was taken (or that request
was refused).
If you are a union member, you can use your union’s
grievance procedure with the employer and file a complaint.
If you are a Federal employee, you must file a complaint with
your agency’s EEO office within 45 days of your employer’s denial of your
request for accommodation.
If you are not a Federal government employee, you can file a
complaint with the Massachusetts Commission Against Discrimination (MCAD) or the
Equal Employment Opportunity Commission (EEOC).
If you need to file a complaint with MCAD or EEOC, you have
only 300 days, about ten months, from the time when your request was denied or
your employer failed to respond to your request.
Q: How do I contact MCAD or EEOC to file a
complaint?
A: MCAD and EEOC can be contacted at the
following addresses/telephone numbers:
