Reasonable Work Accommodation Requests – An Employer’s Checklist

When an employee with a disability requests an accommodation in order to perform the essential functions of his or her job, the employer has the responsibility under the Americans with Disabilities Act to clarify what the employee needs and to identify the appropriate reasonable accommodation which will enable the employee to perform his or her job duties.

• Designate one person to handle accommodation requests.  This will streamline and simplify the process for employees and will limit the number of company personnel who have access to confidential information relating to an employee’s request for accommodation.

• Begin a conversation with the employee as soon as the employee requests an accommodation.  While the employee ordinarily has the responsibility for requesting an accommodation, if the employer knows or should know that an employee has a disability that is causing problems with work, the employer may have the obligation to begin the interactive process to determine whether the employee needs a reasonable accommodation.

• Gather relevant employer documents, such as the employee’s job description, department expectations, and performance evaluations.

• Gather relevant employee documents and aske the employee for a description of his or her restrictions.  Before asking for any medical information, make sure to have the employee sign a medical release form.   Be careful not to ask for too much medical information – keep the focus on requesting information that directly relates to the employee’s limitations in performing the essential functions of the job.

• Maintain strict confidentiality of all medical information.  Separate medical information from the employee’s regular personnel file and place hard copies of documents in a segregated file accessible to the fewest number of persons within the company and maintain electronic files in password protected format.

• Indicate accurately in the job description which job functions are essential, and write an updated job description, if necessary.

• Meet promptly with the employee to discuss his or her specific work-related problems posed by the disability and solicit suggestions from the employee regarding what type of accommodation would be effective.  Consider inviting the employee to obtain suggestions from his or her health care provider.  While an employee is not required to identify an effective accommodation, actively engaging the employee in the process can be helpful in arriving at a mutually satisfactory reasonable accommodation.

• Identify potential accommodations and whether those proposed accommodations would effectively address the employee’s work-related limitations.

• Determine whether the accommodation creates an undue hardship for the employer or if the employee creates a direct threat to himself or herself or others in the performance of the job.

• Document the process, including but not limited to all communications with the employee, all accommodations considered by the employer, and all facts which support the conclusions reached by the employer regarding the request for accommodation.

• Explain the employer’s decision regarding the request for accommodation with the employee in detail.  Provide written confirmation to the employee of every accommodation considered and offered to the employee.

• In an accommodation is provided, continue to monitor the situation to ensure that the accommodation is enabling the employee to perform his or her essential job functions.  If the accommodation is not effective, resume communication with the employee to continue efforts to find an effective reasonable accommodation.

Like what you see? Join our mailing list