The employee with a disability that keeps him/her from performing the essential functions of his/her job must initiate the request for an accommodation. The request can be made orally or in writing and should include: the condition of the disability and its duration; the limitations caused by the condition and how those limitations impact the employee’s performance of specific functions of the position and finally the accommodation requested that will permit the employee to perform the essential functions of his/her position. After requesting the accommodation, the employer or the HR professional must engage a dialogue with the employee in order to determine a reasonable accommodation. Reasonable accommodations are considered modifications or adjustments necessary to enable a qualified individual with a disability to perform the essential functions of his/her job or enjoy equal benefits and privileges of employment. Reasonable accommodations range from changing the physical structure of the workplace; to providing technological assistance; to providing more frequent supervisory feedback and coaching, etc.
If both the disability and the need for the reasonable accommodation are obvious and the requested accommodation does not present an undue hardship to the employer, the supervisor is supposed to provide the accommodation after discussing with the employee. An undue hardship means a significant difficulty or expense to the business. The undue hardship can be determined by 3 different factors: the costs of the accommodations; the financial resources of the employer and the nature of the business (including the size, the composition, the structure, etc.) If the cost of the accommodation threatens the financial viability of the company because the cost is too high or the company is too small, the company is not required to grant the requested accommodation. However, most accommodations cost less than $500 according to the Equal Employment and Opportunity Commission (EEOC).
When the disability and/or the need for a reasonable accommodation are not obvious, the HR professional will determine if it is necessary to request additional medical documentation from the employee.
In case the HR supervisor agrees to the need of a reasonable accommodation, he/she will not necessarily grant the requested accommodation and is allowed to choose an alternative accommodation after discussing it with the employee and as long as it satisfies the employee’s needs.
If the HR professional decides that the condition does not qualify as a disability and therefor the accommodation is not legally needed, the supervisor can still decide to grant the accommodation to his employee as a means to assist the employee. In that case, the supervisor should let the employee know in writing that the disability is not covered by the Act; that the accommodation is provided but is not an entitlement and that the accommodation may be withdrawn or modified at any time.
If the reasonable accommodation is denied to the employee and he/she feels that the decision was based on discriminatory criteria, the employee can file a complaint with the EEOC.