Developing Reasonable Accommodations that are ADA Compliant

Have you ever been in a position where you needed to develop reasonable accommodations for an employee with a disability? Perhaps you’re unsure of the process or worried about staying compliant with the Americans with Disabilities Act (ADA). This guide will equip you with the knowledge to confidently develop ADA-compliant reasonable accommodations, protecting your employees, your business, and your legal standing. 

The Interactive Process: Building Understanding 

The foundation of developing reasonable accommodations lies in the interactive process. This collaborative effort involves both the employer and the qualified individual with a disability. The goal is to identify and implement effective accommodations that allow the employee to perform the essential functions of their job. (there will be information below on the timing of when to begin the interactive process) 

Reasonable Accommodations for Applicants 

• The commitment to equal opportunity starts even before someone becomes an employee. Here are some examples of providing reasonable accommodations during the application process: 

• Accessible Interview Location: Ensure interview locations are readily accessible for individuals with mobility limitations. This might involve holding interviews on ground floors, providing accessible parking, or offering the use of an elevator. 
• Sign Language Interpreter: Arrange for a qualified sign language interpreter if a deaf candidate requires one to participate fully in the interview. 
• Reader for Applicants with Visual Impairments: Offer to provide a reader to assist applicants with visual impairments in accessing interview materials. 
• Modified Testing: Develop or allow adaptations for standardized testing formats to address learning disabilities. 

Pro Tip: Essential Functions Matter 

Be transparent about essential job functions in your job advertisements. This helps applicants understand the core responsibilities of the role and allows for a more informed decision-making process for both parties. Additionally, including a statement of equal opportunity demonstrates your commitment to a diverse and inclusive workplace.  

Here’s an example statement: “We are an Equal Opportunity Employer. We do not discriminate on the basis of race, religion, color, sex, age, national origin or disability.” 

Reasonable Accommodations for Employees 

The ADA outlines a range of reasonable accommodations that can be implemented within the workplace. Some examples include: 

• Making Existing Facilities Accessible: This could involve installing ramps, modifying bathroom stalls, or lowering light switches to create easier access for individuals with mobility limitations. 
• Job Restructuring: Restructuring a job may involve reassigning non-essential tasks, delegating duties, or modifying workflow to better suit the employee’s abilities. 
• Part-Time or Modified Work Schedules: Offering flexible work arrangements, such as part-time schedules, compressed workweeks, or telecommuting options, can be a valuable accommodation for individuals with disabilities impacting their ability to work traditional hours. 
• Acquiring or Modifying Equipment: This might involve providing specialized ergonomic chairs, screen reader software, or amplified phones to support employees with specific needs. 
• Changing Tests, Training Materials, or Policies: Modifying testing formats, adapting training materials to different learning styles, or adjusting workplace policies to be more inclusive are all potential accommodations. 
• Providing Qualified Readers or Interpreters: For employees with visual or hearing impairments, providing qualified readers or interpreters ensures they can effectively access and participate in meetings, presentations, or training sessions. 
• Reassignment to a Vacant Position: In certain situations, reassigning an employee with a disability to a vacant position that aligns with their skills and limitations may be a viable option. 

What Doesn’t Qualify as a Reasonable Accommodation? 

It’s important to understand the boundaries of reasonable accommodation. Employers must evaluate if the accommodation poses an undue hardship on the company. Here are some examples of what is not required by the ADA: 

• Removing Essential Job Functions: The ADA does not require employers to eliminate core responsibilities of a job. 
• Creating New Jobs: Employers are not obligated to create entirely new positions to accommodate an employee’s disability. 
• Providing Personal Need Items: Basic personal needs, such as eyeglasses or personal mobility aids, are not considered reasonable accommodations. 

While employers are required to provide reasonable accommodations, they are not obligated to do so if it imposes an undue hardship on the business. Factors considered in determining undue hardship include the cost of the accommodation, financial resources of the business, and the nature of the business operations. 

Pro Tips: Navigating the Interactive Process 

Here are some key points to remember when engaging in the interactive process: 

• Alternatives Should Be Explored: An employer is not obligated to provide an employee’s preferred accommodation if another reasonable accommodation exists that enables the employee to perform essential job functions. 
• The Interactive Process is Ongoing: The process doesn’t end after an initial accommodation is provided. If an accommodation needs adjustments or another issue arises, further communication is required. 

• Document Everything: It’s crucial to maintain thorough documentation of the entire interactive process, including requests, discussions, decisions, and any offered alternatives. 

Recognizing Accommodation Requests: An Employer’s Responsibility 

The ADA mandates that employers have a duty to provide reasonable accommodations. This duty can be triggered in various ways. Here’s an important detail: 

• Plain English Requests: According to the Equal Employment Opportunity Commission (EEOC), an individual with a disability is not required to use specific legal terms when requesting an accommodation. They can use “plain English” to explain their needs. 

Recognizing Requests and Avoiding Common Mistakes 

Sometimes, an employee’s performance issues may stem from an undisclosed disability. If an employee mentions a disability as a reason for poor performance, this triggers the employer’s legal obligation to investigate further. Here, the interactive process becomes crucial in identifying potential reasonable accommodations that can help the employee improve their performance. 

The Role of Supervisors in Recognizing Requests 

Supervisors play a vital role in recognizing requests for reasonable accommodations. Here’s how to empower your supervisors: 

• Training on Recognizing Requests: Equip supervisors with proper training to recognize potential accommodation requests, even if they are not explicitly phrased as such. This might involve seemingly minor adjustments or requests for assistance that could be linked to a disability. 
• Awareness of Limited Role in Responding: Emphasize that supervisors should not evaluate or deny accommodation requests. Their role is to document the request and refer it to the appropriate HR personnel. 
• Coaching Throughout the Process: Provide ongoing coaching and support to supervisors as they navigate the interactive process. This can help ensure clear communication and a collaborative approach. 

Top 5 ADA Mistakes to Avoid 

Here are some of the most common mistakes employers make regarding reasonable accommodations under the ADA: 

1. Not Recognizing Requests: Failing to recognize an accommodation request, even if it’s informal or indirect, can lead to legal trouble. 

2. Empowering Supervisors on Decisions: Supervisors should not have the final say in approving or denying accommodation requests. 

3. Delaying a Response: Promptly acknowledge and address accommodation requests to avoid unnecessary stress and frustration for the employee. 

4. Ending the Interactive Process Too Soon: The interactive process is a two-way street. Don’t abandon the search for an accommodation just because an initial suggestion seems unfeasible. 

5. Inadequate Documentation: Maintaining thorough and accurate documentation throughout the entire interactive process protects both the employer and the employee. 

Building a More Inclusive Workplace 

Developing reasonable accommodations is not just about legal compliance; it’s about fostering an inclusive and supportive work environment. By understanding the ADA’s provisions and engaging in open communication with your employees, you can create a workplace where everyone has the opportunity to thrive. Remember, a well-designed accommodation plan benefits not only the employee but also the entire company by promoting a diverse and engaged workforce. 

The team at MP is wired for HR, and that includes a wealth of knowledge in handling reasonable accommodations. Schedule a time to talk with one of our team members to learn more.