Work Accomodation Under the ADA

Training for diversity is often rooted in sound communication through all levels of an organization.  Creating an environment that facilitates inclusion, combats discrimination, and encourages teamwork sets the stage for open lines of communication and optimal productivity.  An critical component of this ideal includes encouraging employees to communicate with their supervisors.  Diverse organizations must take note that such dialogue is not only a precursor for success, but it may also be required under Federal law.  Specifically, the Americans with Disabilities Act (ADA) requires employers to engage in an Interactive Process when determining work accommodations for individuals with disabilities, placing heightened importance on the employee-employer relationship and communication process.

ADA Awareness:  Defining Disability and Employee Rights

The ADA has a three-pronged test to determine disability.  The test requires an individual to demonstrate each of the following:

1) That he or she has a physical or mental impairment;

2) The physical or mental impairment is substantially limiting;

3) In one or more major life activities.

Under Title I of the ADA, businesses must provide reasonable accommodations for both qualified employees and job applicants with disabilities.  This is a fundamental right secured by the ADA to ensure employees with disabilities are given equal opportunity to work, excel, and develop into positive workplace contributors.  Workplace accommodations must be requested through an Interactive Process, as detailed below.

The ADA and the Interactive Process

Under the ADA, workplace accommodations must be created through an Interactive Process.  This simply means that an employee with a disability need only make his or her employer aware that an accommodation is necessary.  The employee may use “plain English” to describe their need for an accommodation, as established in the case of Schmidt v. Safeway Inc.  It is not necessary for the employee to mention the ADA, the term accommodation, or any other ADA-specific jargon.  Rather, the burden is on the employer to remain attentive to employee requests, at which point the Interactive Process begins.

The Interactive Process requires both employee and employer to communicate with one another to decide which type of specific accommodation is necessary to alleviate the employee’s hardship.  It is important to note that the employee is not necessarily entitled to the accommodation he or she feels they deserve, and the employer is not entitled to reject the request for an accommodation without grounds for doing so.  Employers who find the accommodation request to be unreasonable need only demonstrate that undue hardship would result from investing in the proposed accommodation.  This is the exception to the rule, and it relieves employers of the duty to provide accommodation.

ADA requirements are numerous and varied.  Organizations are smart to invest in ADA materials that educate supervisors about ADA codes in the workplace.  Remaining compliant with the ADA is simply a matter of knowing the rules, their application, and remaining communicative with employees.  For more on the ADA, please consult the Diversity Awareness Bog article titled Training for Diversity with ADA Awareness.