“Seven Steps to Reasonable
Accommodation”
John Patrick Evans, CRC
Employer Relations Manager
Washington State Department Social and
Health Services
Division of Vocational Rehabilitation
EvansJP@dshs.wa.gov
Reasonable accommodation is often defined as a
change in the work environment, or in the way
things are customarily done, that enables an
individual with a disability to enjoy equal
employment opportunities. The reasonable
accommodation process is best understood as a
means by which barriers to the equal opportunity of
an individual with disability are identified, removed
or alleviated. The primary purpose of reasonable
accommodation is intended to enable the individual
with disability to perform a job, not remove the
requirements associated with the job. Reasonable
accommodation often challenges the method by
which jobs functions are traditionally performed
(function Vs method).
It is unlawful for a covered employer to fail to make
reasonable accommodations to the known physical
Evans, John P. 2003 A
or mental limitations of an otherwise qualified
applicant or employee unless making the
accommodation would cause an “undue hardship”
(e.g. significant difficulty or expense). The
responsibility to provide reasonable accommodation
in an employment setting often falls into three
categories:
Those that ensure equal opportunity in the
application process;
Those that enable workers with disabilities to
perform a position’s essential functions;
Those that enable workers with disabilities to
enjoy the same benefits and privileges of
employment as enjoyed by workers without
disabilities.
It is unlawful to deny employment opportunities to
otherwise qualified workers or applicants with
disabilities based on the need to make reasonable
accommodations.
Implementing reasonable accommodation in
employment settings may be as easy as an employee
approaching his/her supervisor or human resource
official and requesting assistance to remove a
disability-related employment barrier. Collaboration
between the employer representative and employee
Evans, John P. 2003 B
can take place on the same day. Disability-related
barriers may be obvious, solutions for removing the
barriers readily achievable and may be implemented
without need for further dialog or information. The
process of removing or alleviating the employment
barrier in these types of situations could take as little
as a few hours or days to resolve.
Some situations are more complex and time
consuming. Information concerning an applicant or
employee’s disability and functional limitations may
not be readily apparent or available to the employer.
Disability-related employment barriers may not be
obvious. Reasonable solutions for removing the
employment barriers may not be identified by either
party or readily achievable. Cooperation among
affected parties may not be taking place in good
faith. When this happens, the reasonable
accommodation process can take months, if not
weeks, to complete. The longer it takes to complete
the process of accommodating an applicant or
employee, the more complicated things may often
become. These are a few of the reasons why it is
strongly recommended that employers have a
process (procedures for employer and employees to
follow) in place. Open and sincere channels of
communication must be an integral part a process
that is supporting, not defeating.
Evans, John P. 2003 C
Following are seven key procedural steps employers
often follow to ensure that rights and responsibilities
of both employer and employee are honored during
the accommodation process:
1. Post Notification. The employer should post
notification of the right for an applicant or employee
with disability to make an accommodation request
and information on how to initiate such a request.
The employer should maintain internal procedures
for addressing related requests for reasonable
accommodation. Applicants and employees with
disabilities may not be aware that they can ask for
accommodations or whom to contact should they
have the need. Posting notification may be done via
position announcements, during employee
orientations, included in employee handbooks, when
there are performance issues, situations where an
employee’s disability is known to the employer,
employee-based brochures or pamphlets and other
means.
2. Request Accommodation. In general, it is the
responsibility of the individual with a disability to
inform the employer that an accommodation is
needed to perform essential job functions or to
receive equal benefits and privileges of employment.
An employer is obligated to make an
accommodation only to the “known limitations” of
Evans, John P. 2003 D
an otherwise qualified individual with disability. The
individual with disability is “empowered” to notify
the employer of the need for accommodations.
Information an employer will often need to
implement an employee’s request may include the:
(1) type of disability, (2) functional limitations
resulting from the reported condition, (3) application
or job requirement impacted by the disability, (4)
what the disability-related barrier is, and (5) what
accommodation is being recommended for removing
the barrier. The accommodation request need not be
made in writing, though it is encouraged. Employees
may request accommodations any time the job or
disability necessitates the need.
3. Determine Eligibility. Determine if the
individual requesting accommodation meets the
“Definition of Disability” under state or federal
statutes and is thereby eligible to request reasonable
accommodations. Information obtained under a
disability-related inquiry for reasonable
accommodation should be collected and maintained
on separate forms and in separate files and be treated
as a confidential medical record. Disclosure of
confidential records is restricted. The employee’s
right to privacy and confidentiality of disability
related information is paramount to the success of
the reasonable accommodation process. Employers
Evans, John P. 2003 E
have an obligation to release disability-related
information on a “need-to-know” only basis.
Information concerning an employee’s disability
may not be kept in personnel files. Requests for
accommodations are to be handled on a case-by-case
basis.
4. Analyze Actual Job Involved. An individualized
assessment may be necessary to determine
appropriate accommodations. An individualized
assessment means analyzing the actual job duties
and determining the true purpose or objective of a
job. Such an assessment is necessary to ascertain
which job functions are the essential job functions
that an accommodation should enable an individual
to perform. Depending on the nature of a position,
essential functions may include: (a) specific tasks
and responsibilities assigned to a position; (b)
administrative requirements such as working hours
or location; (c) tools and equipment necessary for
successful job performance; (d) physical and
cognitive requirements such as lifting or handling
multiple priorities; (e) productivity requirements that
include timelines, processes, quality or quantity; (f)
health and safety requirements mandated under
state/federal occupational statutes; and (g) work
place conduct requirements.
Evans, John P. 2003 F
5. Consult Individual with Disability. The
accommodation process requires an individual
assessment of the specific physical or mental
limitations of the particular person in need of
accommodation. Consult the individual with a
disability to ascertain the precise job-related
limitations imposed by the individual’s disability
and how those limitations could be overcome with
an accommodation. Employees should be prepared
to assist the employer as needed to understand where
a disability-related employment barrier exists. As
appropriate, the employer has a right to request
additional medical and/or vocational information as
needed to implement an employee’s request for
accommodation. Failure on the part of the employee
to cooperate with the employer’s need for
information could jeopardize or delay the
accommodation process. The scope of an employer’s
inquiry is limited to the reported condition and
specific needs for accommodation.
6. Identify Potential Accommodations. In
conjunction with the individual to be
accommodated, identify potential accommodations
and assess the effectiveness each would have in
enabling the individual to participate in the
application process, perform essential functions of a
job, or receive equal benefits of employment.
Evans, John P. 2003 G
Essential functions by definition are the fundamental
job duties (tasks and responsibilities) the individual
who holds a job would have to perform, with or
without reasonable accommodation, in order to be
considered qualified for the position. The employer,
as part of the process, may find that technical
assistance is needed in determining how to
accommodate a particular individual in a specific
situation. Depending on the nature of a position and
employment barrier, accommodation options have
included:
Adjustment or modifications of examinations,
training materials, or policies
Provision of qualified readers or interpreters
Acquisition or modification of equipment or
devices
Changes to existing facilities to make them
readily accessible to and usable by workers with
disabilities
Job restructuring (re-assignment of marginal job
functions)
Part-time or modified work schedules
Administrative leave
Work at home (telecommuting)
Re-assignment to a vacant position
Evans, John P. 2003 H
Changes in office communications
Physical changes to the workplace
Workplace policy modifications
Adjustments in supervisory methods
7. Consider The Individual’s Preference.
Consider the preference of the individual to be
accommodated and evaluate or implement the
accommodation that is most appropriate for both the
employee and employer. If more than one
accommodation will enable the individual to
perform the essential functions, or if the individual
would prefer to provide his or her own
accommodations, the preference of the individual
with a disability should be given primary
consideration. In circumstances where 2 types of
accommodations are equally effective at removing
an employment barrier, the employer holds the
ultimate discretion to select the accommodation that
is least difficult or expensive to implement. Not all
accommodations work and therefore it
recommended that they be tested for feasibility.
Returning to Step 6 may be necessary to ensure
Equal Opportunity.
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