Why Are Employee Accommodations Important For People With Disabilities?
The US Department of Labor defines a job accommodation as “an adjustment to a job or work environment that makes it possible for an individual with a disability to perform their job duties.” Workplace accommodations can make a significant difference for people living with a disability. They can allow them to not only perform essential job functions while maintaining physical and mental well-being but also to thrive at their job and enhance the collective performance of their organization. Here, we’ll discuss employee accommodations as well as their importance in fostering well-being among those with disabilities and in creating inclusive workplaces.
What is the Americans with Disabilities Act as it relates to employment?
Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against qualified individuals living with a physical or mental impairment. This act protects those individuals from discrimination in the following aspects of employment:
- Recruitment
- Training
- Hiring
- Firing
- Pay
- Promotion
- Job assignments
- Leave of absence
- Benefits
It also stipulates that employers must provide reasonable accommodation to people with disabilities.
What is a reasonable accommodation for people with disabilities?
According to the Equal Employment Opportunity Commission (EEOC), a reasonable accommodation “is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.” The following are some possible examples of reasonable accommodations:
- Modifications to the job application or interview process
- Adjustments to devices or equipment
- Modification of training materials
- A modified schedule
- Adjustments to the workplace to make it easier to navigate
When are employers not required to make reasonable accommodations for employees with disabilities?
The EEOC notes that in many cases, the appropriate accommodation that an employer can provide is obvious. If it isn’t, the employer can ask the employee or potential employee how they can help them during hiring, training, or employment. Employers are required to make a reasonable effort to provide accommodation for a person with a disability. However, there is an exception if accommodations would lead to undue hardship. According to the EEOC, undue hardship “means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.”
What should employers do if there is undue hardship?
If employers believe that a specific accommodation would produce undue hardship, they are required to try to find a solution. For example, if the cost of an accommodation would be excessive, employers must consider possible tax credits or deductions for an accommodation and look into possible third-party funding available for that accommodation, such as funding from a vocational rehabilitation organization. Employers should also give the individual in question the opportunity to provide for the part of the accommodation that leads to undue hardship.
Why are employee accommodations important for someone with a disability?
Employee accommodations can lead to more inclusive workplaces for everyone who works there, whether they have a disability or not. Job accommodations also can enable people with disabilities to have a job and an income and advance their career. When a person living with a disability has the reasonable accommodations they need, they may be empowered to do their best work, which can benefit an entire organization.
Also, employee accommodations may lead to the recruitment of additional talented employees if prospective hires see that an organization takes inclusivity seriously. Accommodations may also lead to reduced turnover, which can sometimes save businesses thousands of dollars per lost employee.
Mental health support for people living with a disability
Individuals experiencing these concerns may benefit from speaking with a mental health professional. While meeting with an employment lawyer or ADA specialist is typically best for legal issues related to a request, a licensed therapist may be able to support the individual emotionally during the accommodation process—whether they’ve already submitted a request or are waiting for a response from an employer. In therapy, they can learn to challenge distorted thoughts and find healthy ways to cope with stress.
Online therapy for people with a disability
For some people with a disability, it may be difficult to attend traditional in-office therapy appointments. Some may find it easier to connect with a therapist remotely from the comfort of home. Online therapy platforms provide the opportunity to communicate with a licensed therapist via audio, video, live chat, or a combination of these modalities.
With a platform like BetterHelp in particular, individuals can also contact their therapist at any time through in-app messaging, and their therapist will respond as soon as they can. People living with a disability may find this option useful if they experience stress related to a request for employee accommodations between therapy sessions, as they don’t have to wait until the next session to communicate what they’re experiencing.
Is online therapy supported by research?
Numerous researchers have studied the effectiveness of online therapy in recent years. The findings of many studies suggest that online cognitive behavioral therapy (CBT)—which is an evidence-based practice—can be effective for addressing symptoms of depression, generalized anxiety disorder, social anxiety, adjustment disorder, phobias, panic disorder, obsessive-compulsive disorder (OCD), and substance use disorder, among other mental health challenges.
If you are struggling with substance use, contact the SAMHSA National Helpline at 1-800-662-HELP (4357) to receive support and resources. Support is available 24/7.
Takeaway
Who is protected under the Americans with Disabilities Act (ADA)?
The EEOC states that, according to the ADA, “a person has a disability if they have “a physical or mental impairment that substantially limits a major life activity.” A person must be able to fulfill the “essential functions of a job with or without reasonable accommodation.” The section of the ADA that relates to employment discrimination is enforced by the US Equal Employment Opportunity Commission as well as local and state agencies that handle civil rights enforcement.
Can employers consider safety when determining whether they can provide a reasonable accommodation for someone with a disability?
Employers are allowed to consider safety and health when determining how to handle accommodation requests. Employers can consider whether there is a “direct threat” to the health and safety of either the individual in question or others in the organization. However, employers must also consider whether a direct threat can be mitigated or eliminated with a reasonable accommodation. Employers and individuals who have questions about this process might find answers through the Job Accommodation Network.
Is medical documentation necessary to request reasonable accommodations?
The National Institutes of Health (NIH) has neutral Accessibility Consultants who conduct legal analyses to determine if an employee has a disability when accommodations are requested. The NIH states, “If the disability and/or limitations are not obvious, the Agency may request medical information to substantiate that the individual has a disabling medical condition that causes relevant limitations that require accommodation.”
After a request is made, the NIH begins an interactive accommodation process for the request. This process consists of interaction with all parties involved and includes clarification of the person’s needs—which could involve medical documentation—as well as an exploration of effective accommodations.
Can people with disabilities request an accommodation when applying for employment?
The ADA protects people with disabilities not only when they are working but also when they are interviewing and preparing for employment. Individuals may be provided with modified examinations and training materials during the hiring and training processes, as one example.
What is considered a violation of the ADA?
There are many types of ADA violations. Generally, a violation of the ADA is any ruling by an employer or company that harms a disabled employee’s ability to work their job accessibly, with or without reasonable accommodations. For example, if an employer rejects modified work schedules for an employee that would help them be able to perform their duties better, even though there was a vacant position for that time slot of the day for other employees to take, the employer would have to prove why the accommodation was denied and why it wasn’t reasonable. They would be violating the ADA if they can’t prove that the accommodation would cause significant difficulty or harm to the company, employees, products, etc.
Other ADA violations could include not allowing an employee to bring in their approved service animal that is listed as an accommodation or not hiring a disabled employee during the hiring process or after a job interview not to have to give them a job accommodation, which assumes that the employee would need accommodations just because they have a disability (some disabled people may not request accommodations through the job accommodation network).
How do I ask for accommodations at work?
You can ask for accommodations at work by talking to your HR manager. Let them know you’re interested in filling out an ADA accommodation application and ask them what steps they require. Often, employers ask employees to gather documentation from their doctor stating they have a disability (they don’t need to state which one) and how the disability impairs their ability to perform their work tasks successfully. For example, someone might ask for a sign language interpreter at company events.
After filling in information about how their disability substantially limits their ability to perform the job, they can put in the accommodations they’re requesting, which must be considered reasonable and wouldn’t cause harm to the company or other employees after job restructuring. Finally, the HR department will approve accommodations on a case-by-case basis, depending on the material submitted. There may be an appeals process if you are denied and believe they are not following the ADA National Network laws. The ADA does trump local laws, so employers cannot use local laws to deny a case. You may be able to take a case to the federal government or local court if you are continuously denied, though you may consider getting discreet guidance from a lawyer. Disability laws can be complex.
What is the purpose of accommodations?
Accommodations exist to support individuals in doing their jobs. If a disability substantially limits one’s ability to complete specific tasks productively, accommodations may help them do so, which can increase productivity and help the company and the employee. Accommodations don’t exist as an excuse not to work hard but to help employees give their best effort without harming themselves. For example, a cashier with severe leg pain from a disability might benefit from a stool while bagging groceries, which can help them work faster since they’re not in pain.
What are reasonable accommodations for work?
Reasonable accommodations are changes made to someone’s work life approved by the company based on a disability the individual employee has and their unique needs. Not everyone with a disability needs an accommodation, and accommodations might not fit every job the same way. For this reason, employees often work with their employer and doctor to develop accommodations that make the most sense without causing unreasonable harm or loss to the company or other employees.
What makes an accommodation unreasonable?
An accommodation might be unreasonable if it isn’t truly needed or causes undue hardship for the company. For example, if someone requested 30 breaks a day, they might be spending too much time off the clock to hit productivity measures and support the company in making money. Instead, three extra breaks might be granted alongside a chair they can use while serving customers, which allows them to get physical rest while still being productive. A person who does not have a disability cannot request accommodations.
Can HR deny ADA?
Yes, a human resources department can deny someone’s ADA request for accommodations if the accommodation is deemed unreasonable. However, the company must be able to prove and explain why the accommodation is unreasonable and work with the employee to come up with other options, if applicable.
Is anxiety covered under the ADA?
Anxiety disorders can be considered a disability under the ADA if they impair one or more daily functions and cause an individual to struggle with specific tasks. For example, if an anxiety disorder severely affects one’s social and professional life, they may qualify as having a disability under the ADA law.
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