To avoid legal danger, employers must approve all reasonable workplace accommodation requests
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How does the ADA define disability?
What is a reasonable accommodation?
Benefits of workplace accommodations
Adhering to ADA requirements minimizes employer risk
Stay informed to protect your company
The Americans with Disabilities Act of 1990 (ADA) protects the rights of individuals with disabilities. 28.7% of American adults, or 1 in 4, have a disability. Many of these disabilities affect an individual’s ability to fulfill essential job functions.
In the employment context, the ADA prohibits an employer from discriminating against qualified individuals due to a disability. Employers are frequently required to provide reasonable workplace accommodations to such individuals. Failure to recognize and accommodate an employee’s disability can put your business in legal jeopardy.
Under Title I of the ADA, “a reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process.” When an employee submits an accommodation request, an interactive process begins:
1st: The employer determines if the organization is covered by the ADA. A private employer is covered under the ADA if it has 15 or more employees on its payroll for 20 or more calendar workweeks, in either the preceding or current calendar year.
2nd: Employee coverage is reviewed. Coverage exists for individuals with a physical or mental disability.
3rd: The reasonableness of the accommodation is assessed.
How does the ADA define disability?
The ADA defines a disability as any of the following:
- A physical or mental impairment that substantially limits one or more major life activities. Examples of “major life activities” are eating, sleeping, walking, standing, thinking, concentrating, seeing, hearing, reading, communicating and other major bodily functions.
- A record of impairment.
- The perception of an impairment.
What qualifies as a physical impairment?
A physical impairment is any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body system.
The ADA regulations do not list all relevant physical disabilities. Remember, not all medical conditions or functional limitations are visible.
What qualifies as a mental impairment?
A mental impairment includes a mental or psychological disorder, such as:
- An intellectual disability.
- Organic brain syndrome (reduced mental functions because of disease rather than psychological problems).
- Emotional or mental illness.
- Specific learning disabilities.
While major mental health disorders are typically classified as an ADA disability, the classification of other mental health conditions isn’t so cut and dry. Whether a mental impairment meets the ADA’s definition of disability depends on the facts and circumstances of each individual case. Careful review is imperative.
Examples of qualifying mental health conditions
1. Major disorders. Major depressive disorder, post-traumatic stress disorder (PTSD), bipolar disorder, schizophrenia, obsessive compulsive disorder (OCD), panic disorder or personality disorder are typically deemed a disability.
2. Attention deficit hyperactivity disorder (ADHD). ADHD can significantly impact an individual’s major life activities, and as such qualifies as a disability.
3. Temporary or sporadic mental impairment. Mental health symptoms can come and go. What matters in this context is how limiting the symptoms are while present.
4. Anxiety disorder. Anxiety that substantially limits an individual’s major life activities may be covered, but job-induced “stress” is not.
5. Social phobia. When social phobia amounts to a social anxiety disorder (SAD) affecting one’s ability to work, coverage is likely.
6. Eating disorders. Eating disorders that affect a major life activity may be deemed a disability.
7. Drug or alcohol addiction. Alcoholism falls within the ADA’s coverage even if the substance is currently being abused. Drug addiction only qualifies as a disability (in the employment context) during recovery.
Managing mental health in the workplace provides more guidance and legal considerations on this sensitive topic.
Once a condition is classified as a disability, employers must then determine the reasonableness of the potential accommodation.
What is a reasonable accommodation?
Employers can neither refuse to hire qualified individuals based on a disability nor unjustifiably refuse to provide a reasonable accommodation that would allow an employee to complete essential functions of the job. Notably, an accommodation that places an undue hardship on an employer is never “reasonable.”
Reasonable accommodations are evaluated on a case-by-case basis
An accommodation’s reasonableness depends on the circumstances of the position. Examples of reasonable accommodations include:
1. Amended job application process. ADA coverage applies to potential and current employees.
2. Modified work schedules or job restructuring. Employees may require a part-time work schedule, remote or telework work arrangement, or reassignment to a less-active shift.
3. Flexible short-term leave. Disabilities may necessitate leave-based accommodations. For example, leave may be granted for disability-related medical treatment or recovery.
4. Reassignment to a vacant position. When reasonable accommodations to the employee’s current position are inadequate, reassignment is appropriate.
5. More frequent breaks. Employees allotted more frequent breaks must recoup this time by working extended hours or by using leave.
6. Equipment or facility changes. Work equipment can often be modified to allow the continued performance of essential job functions.
7. Supervisor alterations. Employees suffering from mental health disorders may request supervisory changes. The supervisor may merely need to implement more supportive management techniques.
8. Enhanced communication access. A reasonable accommodation may include provision of hearing aids or other assistive technology, the presence of a sign language interpreter, or provision of information in large print or alternative formats.
9. Service animals in the workplace. Employers with a “no animals” policy, may need to create an exception if an employee’s disability necessitates a service animal’s assistance. Emotional support animals generally fall outside the ADA’s coverage.
10. Altered job tasks. There are often various ways to accomplish a work duty.
Reasonable accommodations unrelated to a disability
Various federal acts address employment discrimination. For example:
Title VII of the Civil Rights Act of 1964 (Title VII)
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits religious discrimination in the workplace and requires employers provide reasonable accommodations for sincerely held religious beliefs, unless the accommodation poses an undue hardship to the employer’s business.
Reasonable accommodations in this sphere may involve work schedule modifications and dress code or vaccination policy exceptions.
Equal Employment Opportunity Commission (EEOC)
The Equal Employment Opportunity Commission (EEOC) carries out the Pregnant Workers Fairness Act (PWFA). The PWFA provides reasonable accommodations to applicants and employees with known limitations related to pregnancy, childbirth, or related conditions, unless the accommodation poses an undue hardship to the employer’s business. One example in this area that can require an accommodation is postpartum depression.
When can accommodation requests be declined?
Accommodations that place an undue hardship on an employer are not “reasonable,” and therefore inappropriate. When an employer denies an accommodation request the employee has shown is “reasonable on its face,” the burden is on the employer to show the accommodation would cause an undue hardship.
Some factors to consider when assessing undue hardship are:
1. The nature and cost of the accommodation;
2. The overall financial resources of the facility or covered entity;
3. The type of operations at the covered entity; and
4. The impact of the accommodation on the operations of the facility.
Practical Law’s Reasonable Accommodations Chart provides examples of accommodation requests and analyzes their reasonableness.
Workplace accommodations can benefit businesses in myriad ways.
Benefits of workplace accommodations
Not only is offering reasonable workplace accommodations legally required, doing so can benefit your business. These accommodations can:
- Enhance workplace stability through retention of qualified applicants
- Increase productivity
- Improve morale
- Reduce workers’ compensation or insurance costs
- Reduce training costs
- Improve safety
A recent report entitled, “Cost and Benefits of Accommodations,” revealed nearly half of disability-related workplace accommodations involve zero employer expense. Notably, the provision of workplace accommodations also demonstrates an employer’s commitment to its employees, diversity, and to creating an inclusive work environment.
The benefits of ADA compliance are numerous, and the risks of non-compliance are severe.
Adhering to ADA requirements minimizes employer risk
Employers must observe all federal, state, and local employment laws. Disability discrimination claims spell the demise of your business.
To steer clear of pitfalls, employers should enact a reasonable accommodation process to evaluate employee requests. Employers should never independently deny the existence of a disability, but rather rely on medical documentation and the input of health care professionals. Management and human resources professionals must adhere to confidentially guidelines regarding medical conditions.
As we learn more about people’s needs, the definition of “disability” expands. This area of law in not static.
Stay informed to protect your company
The development and spread of new diseases can bring about new disabling conditions. This, coupled with the fact that people are living longer, may necessitate additional workplace accommodations. Your business’ legal department should review all ADA updates and carefully evaluate each accommodation request. ADA compliance is critically important.
Retaliation spurred by an accommodation request can have grave legal and reputational consequences. Following a methodical, case-by-case interactive evaluation process protects employers and employees, alike. Access Practical Law ‘s guidance regarding the Interactive Process Under the ADA, one of the more than 90,000 resources available through Practical Law, to ensure accommodation process compliance,. If you are not a subscriber, try it for free today!
