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: