ADA Frequently Asked Questions
Category: Title I: Employment
Question: #12
How does an applicant or employee request a reasonable accommodation?
Answer:
Accommodation requests can be made at any time during the application or hiring process as well as any time during an employee’s period of employment. Requests may also be made on behalf of the individual by someone else (a family member, friend, coworker, spouse, etc.). When making a request, the person must let the employer know that the accommodation is needed due to a disability, unless the disability and reason are obvious (e.g., a deaf employee requests a sign language interpreter to communicate with hearing clients).
If the disability or need for the requested accommodation is not obvious, employers can request documentation which establishes that the person has a qualifying disability under the ADA and that the disclosed impairments require a reasonable accommodation.
When a solution is not immediately obvious or agreed upon, the employer and requestor must engage in “the interactive process,” an open conversation to determine an effective and reasonable accommodation.
The employer cannot request documentation if the disability and need for accommodation are obvious, however, they may still need to engage in the interactive process if, for example, the requested accommodation would result in an undue hardship.
Requests for reasonable accommodation do not need to be in writing and a person can use plain language. They do not need to use the phrase "reasonable accommodation" when making their request.
An employer may choose to document and confirm the request in a letter, email, fillable form, or by some other means. They may not, however, ignore the initial request just because it was not submitted in writing. Employers should understand that any documentation process may require a reasonable accommodation as well. For example, the employer may need to assist a person in completing an accommodation request form if the person is unable to because of their disability.
Resource(s):
If the disability or need for the requested accommodation is not obvious, employers can request documentation which establishes that the person has a qualifying disability under the ADA and that the disclosed impairments require a reasonable accommodation.
When a solution is not immediately obvious or agreed upon, the employer and requestor must engage in “the interactive process,” an open conversation to determine an effective and reasonable accommodation.
The employer cannot request documentation if the disability and need for accommodation are obvious, however, they may still need to engage in the interactive process if, for example, the requested accommodation would result in an undue hardship.
Requests for reasonable accommodation do not need to be in writing and a person can use plain language. They do not need to use the phrase "reasonable accommodation" when making their request.
An employer may choose to document and confirm the request in a letter, email, fillable form, or by some other means. They may not, however, ignore the initial request just because it was not submitted in writing. Employers should understand that any documentation process may require a reasonable accommodation as well. For example, the employer may need to assist a person in completing an accommodation request form if the person is unable to because of their disability.
Resource(s):