What Employers Need to Know About Providing Reasonable Accommodation

Published November 10, 2021

As you improve your processes to recruit and hire more people with disabilities, you may experience reasonable accommodation requests. These are requests to use assistive technology or for the employer to make adjustments or modifications to their policies or processes for employees. While you might be unsure about these requests at first, they are typically easier to fulfill than you realize.

Learn more about reasonable accommodations and how you can create a productive and welcoming environment for your employees.

What is a reasonable accommodation?

The concept of reasonable accommodation comes from the Americans with Disabilities Act (ADA). A reasonable accommodation is defined as:

Any change to the environment, equipment, processes, or practices that improves accessibility or helps an individual perform or benefit from an activity, based on the need of an individual.

Reasonable accommodation can be described as any accessibility-related adjustment for your employees or customers. According to the ADA, there are two key aspects of reasonable accommodation that you may encounter as a business owner:

  • Increasing the accessibility of your facilities for employees and individuals with disabilities.
  • Restructuring positions (including work schedules, training materials, and policies) to accommodate people with disabilities.

Reasonable accommodations make the workplace more inclusive and welcoming for your team members. They are required by law but they also improve employee morale.

What are some examples of reasonable accommodation?

One of the best ways to understand reasonable accommodation is to see examples of it. These accommodations can be found across all industries and job types. They are often unique to the employees who request them and can go unnoticed as long as the job gets done.

A few examples of reasonable accommodation include:

  • Creating training materials with subtitles or with an ASL video to help your deaf and hard-of-hearing employees.
  • Allowing employees to have flexibility in their work hours because they use public transportation.
  • Letting employees work remotely or in a different office location because they use public transit that is unreliable or difficult to navigate.
  • Creating a modified break schedule and extending work hours so an employee can rest throughout the day, as long as the employee still works a full eight-hour day.
  • Modifying leave policies so employees aren’t automatically terminated if they miss more work than they are allowed.
  • Scheduling an employee during evening hours to accommodate their chronic illness which affects them in the morning.

Employers also need to consider invisible disabilities that range from chronic pain or fatigue to learning differences and vision impairments.

How much does reasonable accommodation cost?

In 2020, more than half (56 percent) of workplace accommodations cost absolutely nothing to implement. Making your workplace accessible will most likely be free. Of the accommodations that weren’t free, the average cost was estimated to be around $500. Not only are these accommodations affordable, but you may be able to save money in the form of accessibility tax credits or expense deductions.

A reasonable accommodation will also likely be a one-time expense. For employers that report spending money on accommodations, 88 percent paid a one-time cost for their efforts. The remaining 12 percent (or five percent of total employers surveyed) took on a recurring cost for the accommodations they invested in.

While you should consider the expenses associated with reasonable accommodation, there are also benefits to investing in these systems. Your employees with disabilities will be able to do their jobs better and can increase their productivity, which generates higher revenue for your business in the long run.

When does accommodation become an undue hardship?

One of the most frequent questions in regard to the ADA guidelines for reasonable accommodation is the definition of undue hardship. An employer doesn’t need to provide accommodation if they can prove that the request is unreasonable for the company. Unfortunately, this is incredibly hard to define because every company is different and accommodation requests can vary.

If an employee makes an accommodation request that your company cannot fill, it is the job of the employer to find alternative accommodations that are as effective.

For example, there are federal breastfeeding laws for nursing mothers to express breast milk during the day. These include regular breaks for breastfeeding women and a clean, private space to do so. A bathroom is not considered a reasonable place to express breast milk and cannot be treated as an accommodating solution.

There are many examples of companies failing to prove that they were experiencing undue hardship (like neglecting to provide assistive technology or accommodating invisible disabilities). However, there are cases where the court sides with the employer. For example, an employee might request a specific schedule or need time off in a way that places undue pressure on their coworkers or peers. Additionally, an employee might request an exemption from a key part of the job where their coworkers would have an excessive workload to make up for their coworker.

Most undue hardship cases are taken on an individual basis. They focus on the accommodation requested and the overall cost of the changes to the employer.

What if you don’t provide reasonable accommodation?

The accommodations your employees with disabilities request are essential to successfully do their jobs. When your employees can’t or won’t do the work, they are either fired or forced to quit. Accessibility advocates are increasingly working with employees who were forced out of companies because their employers wouldn’t accommodate their needs.

Failing to provide reasonable accommodation can lead to fines and lawsuits against your organization. This can lead to negative publicity that costs you customers and drives away prospective employees. Companies that fail to provide reasonable accommodations often end up with a loss of diversity and talent, potential legal fees, and even fines if it is proven that they refused a reasonable request. 

In today’s work environment, there is no excuse for companies to neglect the accommodation needs of employees. The rapid growth of technology has significantly decreased the cost of assistive devices and the internet makes it easy to research new tools and learn about accommodation options. Companies can no longer pretend to be unaware of their options or unable to afford accessible systems.

The best way to provide reasonable accommodation to employees is to designate someone to ensure compliance. This person should work with employees to make sure they have the workplace tools they need to succeed. They should also stay on top of new ADA guidelines and advances in assistive technology to follow current trends. These efforts prove that your company isn’t neglecting or creating a hostile work environment for people with disabilities.

Conclusion

There are legal implications for companies that fail to provide reasonable accommodation. However, helping employees get the right tools they need will also improve your organization. If you want your employees to feel respected and proud of where they work, don’t neglect the needs of employees with disabilities.

 

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