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Seven
Steps to Reasonable Accommodation
John
Evans, Washington
State Reasonable Accommodation Program
Manager
Reasonable
accommodation is often defined as “any
change in the work environment or in the
way things are customarily done that enables
an individual with a disability to enjoy
equal employment opportunities”. The reasonable
accommodation process is best understood
as a means by which barriers to the equal
opportunity of an individual with disability
are identified, removed or alleviated.
The primary purpose of reasonable accommodation
is intended to enable the individual with
disability to perform a job, not remove
the requirements associated with the job.
Reasonable accommodation often challenges
the method by which jobs functions are
traditionally performed (function vs.
method).
It
is unlawful for an employer to fail to
make reasonable accommodations to the
known physical or mental limitations of
an otherwise qualified applicant or employee
unless making the accommodation would
cause an “undue hardship” (e.g. significant
difficulty or expense). The responsibility
to provide reasonable accommodation falls
into three categories:
- Those
that ensure equal opportunity in the
application process;
- Those
that enable workers with disabilities
to perform a position’s essential
functions; and
- Those
that enable workers with disabilities
to enjoy the same benefits and privileges
of employment as enjoyed by workers
without disabilities.
It is unlawful
to deny employment opportunities to otherwise
qualified workers with disabilities based
on the need to make reasonable accommodations.
Implementing
reasonable accommodation in employment
settings may be as easy as an employee
approaching his/her supervisor or human
resource official and requesting assistance
to remove a disability-related employment
barrier. Collaboration between the employer
representative and employee can take place
on the same day. Disability-related barriers
may be obvious, solutions for removing
the barriers readily achievable and may
be implemented without need for further
dialog or information. The process of
removing or alleviating the employment
barrier in these types of situations could
take as little as a few hours or days
to resolve.
Some
situations are more complex and time consuming.
Information concerning an applicant or
employee’s disability and functional limitations
may not be readily apparent or available
to the employer. Disability-related employment
barriers may not be obvious. Reasonable
solutions for removing the employment
barriers may not be identified by either
party or readily achievable. Cooperation
among affected parties may not be taking
place in good faith. When this happens,
the reasonable accommodation process can
take months, if not weeks, to complete.
The longer it takes to complete the process
of accommodating an applicant or employee,
the more complicated things may often
become. These are a few of the reasons
why employers are required to have a process
(procedures for employer and employees
to follow) in place. Open and sincere
channels of communication must be an integral
part of a process that is supporting,
not defeating.
Following
are seven key procedural steps agencies
often follow to ensure that rights and
responsibilities of both employer and
employee are honored during the accommodation
process:
1.
Post Notifications. The employer
should post notification of the right
for an applicant or employee with disability
to make an accommodation request and
information on how to initiate such
a request. The employer shall maintain
internal procedures for addressing related
requests for reasonable accommodation.
Applicants and employees with disabilities
may not be aware that they can ask for
accommodations or whom to contact should
they have the need. Posting notifications
may be done via position announcements,
during employee orientations, included
in employee handbooks, when there are
performance issues, situations where
an employee’s disability is known to
the employer, employee-based brochures
or pamphlets and other means.
2.
Request Accommodation. In general,
it is the responsibility of the individual
with a disability to inform the employer
that an accommodation is needed to perform
essential job functions or to receive
equal benefits and privileges of employment.
An employer is obligated to make an
accommodation only to the “known limitations”
of an otherwise qualified individual
with disability. The individual with
disability is “empowered” to notify
the employer of the need for accommodations.
Information an employer will often need
to implement an employee’s request may
include the: (1) type of disability,
(2) functional limitations resulting
from the reported condition, (3) application
or job requirement impacted by the disability,
(4) what the disability-related barrier
is, and (5) what accommodation is being
recommended for removing the barrier.
The accommodation request need not be
made in writing, though it is encouraged.
Employees may request accommodations
any time the job or disability necessitates
the need.
3.
Confidential Records. Information
obtained under an inquiry for reasonable
accommodation should be collected and
maintained on separate forms and in
separate files and shall be treated
as a confidential medical record. Disclosure
of confidential records is restricted.
The employee’s right to privacy and
confidentiality of disability related
information is paramount to the success
of the reasonable accommodation process.
Employers have an obligation to release
disability-related information only
on a “need-to-know” only basis. Information
concerning an employee’s disability
may not be kept in personnel files.
Requests for accommodations are to be
handled on a case-by-case basis.
4.
Analyze Actual Job Involved. An
individualized assessment may be necessary
to determine appropriate accommodations.
An individualized assessment means
analyzing the actual job duties and
determining the true purpose or objective
of a job. Such an assessment is necessary
to ascertain which job functions are
the essential job functions that an
accommodation should enable an individual
to perform. Depending on the nature
of a position, essential functions may
include: (a) administrative requirements
such as working hours or location; (b)
tasks and responsibilities assigned
to a position; (c) tools and equipment
necessary for successful job performance;
(d) physical and cognitive requirements
such as lifting or handling multiple
priorities; (e) productivity requirements
that include timelines, processes, quality
or quantity; (f) health and safety requirements
mandated under state/federal occupational
statutes; and (g) work place conduct
requirements.
5.
Consult With The Individual. The
accommodation process requires an individual
assessment of the specific physical
or mental limitations of the particular
person in need of accommodation. Consult
the individual with a disability to
ascertain the precise job-related limitations
imposed by the individual’s disability
and how those limitations could be overcome
with an accommodation. Employees should
be prepared to assist the employer as
needed to understand where a disability-related
employment barrier exists. As appropriate,
the employer has a right to request
additional medical and/or vocational
information as needed to implement an
employee’s request for accommodation.
Failure on the part of the employee
to cooperate with the employer’s need
for information could jeopardize or
delay the accommodation process. The
scope of an employer’s inquiry is limited
to the reported condition and specific
needs for accommodation.
6. Identify
Potential Accommodations. In conjunction
with the individual to be accommodated,
identify potential accommodations and
assess the effectiveness each would
have in enabling the individual to participate
in the application process, perform
essential functions of a job, or receive
equal benefits of employment. Essential
functions by definition are the fundamental
tasks and responsibilities the individual
who holds a job would have to perform,
with or without reasonable accommodation,
in order to be considered qualified
for the position. The employer, as part
of the process, may find that technical
assistance is needed in determining
how to accommodate a particular individual
in a specific situation. Depending on
the nature of a position, common forms
of accommodation have included:
- Adjustment
or modifications of examinations,
training materials, or policies
- Provision
of qualified readers or sign language
interpreters
- Acquisition
or modification of equipment or
devices
- Changes
to existing facilities to make them
readily accessible to and usable
by workers with disabilities
- Job
restructuring (re-assignment of
marginal job functions)
- Part-time
or modified work schedules
- Administrative
leave
- Work
at home (telecommuting)
- Re-assignment
to a vacant position
- Changes
in office communications
- Physical
changes to the workplace
- Workplace
policy modifications
- Adjustments
in supervisory methods
7. Consider
the Individual’s Preference.
Consider the preference of the individual
to be accommodated and evaluate or implement
the accommodation that is most appropriate
for both the employee and employer.
If more than one accommodation will
enable the individual to perform the
essential functions, or if the individual
would prefer to provide his or her own
accommodations, the preference of the
individual with a disability should
be given primary consideration. In circumstances
where 2 types of accommodations are
equally effective at removing an employment
barrier, the employer holds the ultimate
discretion to select the accommodation
that is least difficult or expensive
to implement. Not all accommodations
work and therefore it recommended that
they be tested for feasibility. Returning
to Step 6 may be necessary to ensure
Equal Opportunity.
Finally,
reasonable accommodation should be a win-win
situation for both employer and employee.
A request for reasonable accommodation
handled appropriately, requires an individualized
assessment and interactive process. The
end result should be a productive employee
and an employer who is able to maintain
business necessity. The goal of reasonable
accommodation is not intended as special
treatment, it is Equal Opportunity. Not
all requests for accommodations are reasonable
and for that matter, the employer may
apply the principles of “undue hardship.”
The employer may not simply assert that
a request is unreasonable. Rather, the
employer must show evidence of that fact
and have the denial of a request approved
by the agency's Director or his/her designee.
Reasonable accommodation is good business.
It is good for the employee whose primary
objective is often to remain employed.
It is good for the employer who is often
concerned with maintaining a productive
work force. It is good for society because
it keeps people who are employable, working
and productive in their lives. Not everyone
wants to be on welfare or dependent upon
the system. Reasonable accommodation promotes
Equal Employment Opportunity.
For
more information, contact John Evans,
statewide Reasonable Accommodation Program
Manager at 360-664-6328 or JohnE@DOP.WA.GOV
Seven Steps to Reasonable Accommodation
Reasonable accommodation is often defined as “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities”. The reasonable accommodation process is best understood as a means by which barriers to the equal opportunity of an individual with disability are identified, removed or alleviated. The primary purpose of reasonable accommodation is intended to enable the individual with disability to perform a job, not remove the requirements associated with the job. Reasonable accommodation often challenges the method by which jobs functions are traditionally performed (function vs. method).
It is unlawful for an employer to fail to make reasonable accommodations to the known physical or mental limitations of an otherwise qualified applicant or employee unless making the accommodation would cause an “undue hardship” (e.g. significant difficulty or expense). The responsibility to provide reasonable accommodation falls into three categories:
- Those that ensure equal opportunity in the application process;
- Those that enable workers with disabilities to perform a position’s essential functions; and
- Those that enable workers with disabilities to enjoy the same benefits and privileges of employment as enjoyed by workers without disabilities.
Implementing reasonable accommodation in employment settings may be as easy as an employee approaching his/her supervisor or human resource official and requesting assistance to remove a disability-related employment barrier. Collaboration between the employer representative and employee can take place on the same day. Disability-related barriers may be obvious, solutions for removing the barriers readily achievable and may be implemented without need for further dialog or information. The process of removing or alleviating the employment barrier in these types of situations could take as little as a few hours or days to resolve.
Some situations are more complex and time consuming. Information concerning an applicant or employee’s disability and functional limitations may not be readily apparent or available to the employer. Disability-related employment barriers may not be obvious. Reasonable solutions for removing the employment barriers may not be identified by either party or readily achievable. Cooperation among affected parties may not be taking place in good faith. When this happens, the reasonable accommodation process can take months, if not weeks, to complete. The longer it takes to complete the process of accommodating an applicant or employee, the more complicated things may often become. These are a few of the reasons why employers are required to have a process (procedures for employer and employees to follow) in place. Open and sincere channels of communication must be an integral part of a process that is supporting, not defeating.
Following are seven key procedural steps agencies often follow to ensure that rights and responsibilities of both employer and employee are honored during the accommodation process:
1. Post Notifications. The employer should post notification of the right for an applicant or employee with disability to make an accommodation request and information on how to initiate such a request. The employer shall maintain internal procedures for addressing related requests for reasonable accommodation. Applicants and employees with disabilities may not be aware that they can ask for accommodations or whom to contact should they have the need. Posting notifications may be done via position announcements, during employee orientations, included in employee handbooks, when there are performance issues, situations where an employee’s disability is known to the employer, employee-based brochures or pamphlets and other means.
2. Request Accommodation. In general, it is the responsibility of the individual with a disability to inform the employer that an accommodation is needed to perform essential job functions or to receive equal benefits and privileges of employment. An employer is obligated to make an accommodation only to the “known limitations” of an otherwise qualified individual with disability. The individual with disability is “empowered” to notify the employer of the need for accommodations. Information an employer will often need to implement an employee’s request may include the: (1) type of disability, (2) functional limitations resulting from the reported condition, (3) application or job requirement impacted by the disability, (4) what the disability-related barrier is, and (5) what accommodation is being recommended for removing the barrier. The accommodation request need not be made in writing, though it is encouraged. Employees may request accommodations any time the job or disability necessitates the need.
3. Confidential Records. Information obtained under an inquiry for reasonable accommodation should be collected and maintained on separate forms and in separate files and shall be treated as a confidential medical record. Disclosure of confidential records is restricted. The employee’s right to privacy and confidentiality of disability related information is paramount to the success of the reasonable accommodation process. Employers have an obligation to release disability-related information only on a “need-to-know” only basis. Information concerning an employee’s disability may not be kept in personnel files. Requests for accommodations are to be handled on a case-by-case basis.
4. Analyze Actual Job Involved. An individualized assessment may be necessary to determine appropriate accommodations. An individualized assessment means analyzing the actual job duties and determining the true purpose or objective of a job. Such an assessment is necessary to ascertain which job functions are the essential job functions that an accommodation should enable an individual to perform. Depending on the nature of a position, essential functions may include: (a) administrative requirements such as working hours or location; (b) tasks and responsibilities assigned to a position; (c) tools and equipment necessary for successful job performance; (d) physical and cognitive requirements such as lifting or handling multiple priorities; (e) productivity requirements that include timelines, processes, quality or quantity; (f) health and safety requirements mandated under state/federal occupational statutes; and (g) work place conduct requirements.
5. Consult With The Individual. The accommodation process requires an individual assessment of the specific physical or mental limitations of the particular person in need of accommodation. Consult the individual with a disability to ascertain the precise job-related limitations imposed by the individual’s disability and how those limitations could be overcome with an accommodation. Employees should be prepared to assist the employer as needed to understand where a disability-related employment barrier exists. As appropriate, the employer has a right to request additional medical and/or vocational information as needed to implement an employee’s request for accommodation. Failure on the part of the employee to cooperate with the employer’s need for information could jeopardize or delay the accommodation process. The scope of an employer’s inquiry is limited to the reported condition and specific needs for accommodation.Finally, reasonable accommodation should be a win-win situation for both employer and employee. A request for reasonable accommodation handled appropriately, requires an individualized assessment and interactive process. The end result should be a productive employee and an employer who is able to maintain business necessity. The goal of reasonable accommodation is not intended as special treatment, it is Equal Opportunity. Not all requests for accommodations are reasonable and for that matter, the employer may apply the principles of “undue hardship.” The employer may not simply assert that a request is unreasonable. Rather, the employer must show evidence of that fact and have the denial of a request approved by the agency's Director or his/her designee. Reasonable accommodation is good business. It is good for the employee whose primary objective is often to remain employed. It is good for the employer who is often concerned with maintaining a productive work force. It is good for society because it keeps people who are employable, working and productive in their lives. Not everyone wants to be on welfare or dependent upon the system. Reasonable accommodation promotes Equal Employment Opportunity.
6. Identify Potential Accommodations. In conjunction with the individual to be accommodated, identify potential accommodations and assess the effectiveness each would have in enabling the individual to participate in the application process, perform essential functions of a job, or receive equal benefits of employment. Essential functions by definition are the fundamental tasks and responsibilities the individual who holds a job would have to perform, with or without reasonable accommodation, in order to be considered qualified for the position. The employer, as part of the process, may find that technical assistance is needed in determining how to accommodate a particular individual in a specific situation. Depending on the nature of a position, common forms of accommodation have included:7. Consider the Individual’s Preference. Consider the preference of the individual to be accommodated and evaluate or implement the accommodation that is most appropriate for both the employee and employer. If more than one accommodation will enable the individual to perform the essential functions, or if the individual would prefer to provide his or her own accommodations, the preference of the individual with a disability should be given primary consideration. In circumstances where 2 types of accommodations are equally effective at removing an employment barrier, the employer holds the ultimate discretion to select the accommodation that is least difficult or expensive to implement. Not all accommodations work and therefore it recommended that they be tested for feasibility. Returning to Step 6 may be necessary to ensure Equal Opportunity.
- Adjustment or modifications of examinations, training materials, or policies
- Provision of qualified readers or sign language interpreters
- Acquisition or modification of equipment or devices
- Changes to existing facilities to make them readily accessible to and usable by workers with disabilities
- Job restructuring (re-assignment of marginal job functions)
- Part-time or modified work schedules
- Administrative leave
- Work at home (telecommuting)
- Re-assignment to a vacant position
- Changes in office communications
- Physical changes to the workplace
- Workplace policy modifications
- Adjustments in supervisory methods
For more information, contact John Evans, statewide Reasonable Accommodation Program Manager at 360-664-6328 or JohnE@DOP.WA.GOV
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