How To Determine What Is A Reasonable Accommodation For My Job
Summary
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The Americans With Disabilities Act (ADA) and similar laws require that the accommodation you need to allow you to do your job has to be "reasonable." If the request is not reasonable, your employer does not have to agree to give it to you.
"Reasonable" is not about whether a particular accommodation will cost the employer money. Just about every accommodation will have some cost to it. Since the employer pays for the accommodation, the question is instead whether the request would cause an "undue hardship" on the employer. "Undue hardship" differs according to the job and the employer's particular situaiton. If an accommodation would cause an "undue hardship," it's not "reasonable." There is no hard and fast definition of "undue hardship." Instead, "undue hardship" is determined on a case-by-case basis, with particular emphasis on the job and the particular employer's financial and related situation.
Determining what is a "reasonable accommodation" for your particular job is a three step process:
- Step 1. Identify the essential functions of your job. Not everything you do -- just what's essential. If you can't do the essential functions, an accommodation won't help.
- Step 2 Think about all the possible accommodations that would permit you to do your job.
- Step 3. Is the accommodation you seek "reasonable"? One way to help determine reasonablness is to figure out how much the accommodation will cost the employer.
Do not limit your ideas by deciding on your own that a particular cost is an "undue hardship" on your employer. You may be surprised at what your employer is willing to do to keep you at work. That's where good negotiating comes in.
It is worth keeping in mind that employers are encouraged to try to agree to an employee's request and to follow a good faith standard when negotiating.
NOTE:
- There is no right or wrong time to ask for an accommodation. However, standard advice is to ask for an accommodation as soon as you think you need it. If your health condition affects your work, and you haven't asked for an accommodation, your employer can fire you for performance issues.
- For information about how to request and negotiate a reasonable accommodation, click here.
For related information, see:
- The ADA And Work: An Overview
- Eligibility For ADA Protections ("disbability" and "qualified" to do your job)
- Covered Employers
- Americans With Disabilities: The State Fair Employment Laws (similar to the ADA)
- Discrimination 101
- Accommodations
- Confidentiality 101: What An Employer May And May Not Do Under The ADA
- Enforcement Of Your Rights Under The ADA
For information about additional legal protections at work, click here.
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