How Reasonable Accommodation Is Defined

Anti-discrimination laws protect disabled workers from adverse treatment based on their disability. Employers must provide reasonable accommodations to workers with disabilities to enable them to perform the essential elements of the job. Employers can only deny an accommodation if it presents an undue hardship.

Determining reasonable accommodations depends on several factors, including the job requirements and the nature of the disability. To ensure you comply with federal and state disability laws, talk to an employment law attorney for legal advice.

Federal Employment Discrimination Protections

The Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination based on a worker’s disability or perceived disability.

A disability is a physical or mental impairment that limits one or more major life activities. The ADA prohibits discrimination against qualified individuals. A qualified individual is someone who can perform the essential job functions with or without a reasonable accommodation.

“The ADA stops the employer from assuming that, because of a disability, an individual cannot do the job,” says Heather Becker, an employment litigator at Laner Muchin in Chicago. “It goes even further [than hiring and accommodations], to really any employment action: they can’t discriminate.”

State Employment Discrimination Protections

Some states have anti-discrimination laws that may be stronger than federal law.

For example, the Illinois Human Rights Act (IHRA) provides state legal protections for disabled employees. The IHRA essentially mirrors the protections of the ADA. However, there’s a simple way to remember which takes precedence, says Kerryann Minton, an employment litigator at Michael Best & Friedrich in Chicago: “When both laws are applicable, the one with the greater protection for the employee will govern.”

Title I of the ADA and state disability protection laws promote equity in the workplace. But determining the reasonability of an accommodation request is complex. There is no easy, one-size-fits-all answer.

Under New York Human Rights Law, the definition of disability encompasses both temporary and permanent disabilities, and both physical and mental disabilities.

“Under federal law,” says Valerie J. Bluth, of Ellenoff, Grossman and Schole in New York, “the employee’s medical condition must ‘substantially limit’ a ‘major life activity’ such as breathing, walking, talking, hearing, seeing, sleeping, caring for oneself, performing manual tasks, and working. However, in New York City, the definition of a disability is much broader and does not require much analysis—any diagnosable medical condition, even if temporary, is considered a disability.”

What Is a Reasonable Accommodation?

A reasonable accommodation is “something an employer is obligated to provide if an employee is qualified as disabled,” says Alex Barfield, an employment and labor attorney with Stanton Law in Atlanta. “As a general standard, that’s as clear as mud.”

Becker defines a reasonable accommodation as “some kind of alteration or change in the job that’s doable and would allow the individual to perform the essential obligations of the job.”

The required types of accommodations are determined on a case-by-case basis. Employee needs and accommodations may change over time. The need for a reasonable accommodation can “extend all the way to the very beginning of the job application process,” Minton says.

In fact, the accommodation process may even start before an application has been formally submitted in the hiring process. Discriminatory language in a job description can restrict job opportunities for disabled workers. Employers cannot ask employees if they have a disability during the application process or after they are hired.

It’s a broad term. An accommodation’s appropriateness depends on “the particular circumstance of the position,” Minton says. Examples of reasonable accommodations include:

• Modified work schedules or work environments
• Flexible short-term leave
• More frequent breaks
• Equipment or workspace changes
• Changes to training materials
• Allowing service animals
• Job restructuring
• Reassignment to a vacant position or different job tasks
• Enhanced communication access (TTY phones, sign language interpreters, large print material, and assistive technology)

State and local laws can define disability differently — or not at all. “In Georgia, there is not an equivalent state law,” says Rachel Benjamin, an employment and labor attorney at Beal, Sutherland, Berlin & Brown in Atlanta.

The Goal of Workplace Accommodations

“Basically, it’s designed to help an employee make the right adjustments to their job or work environment that will allow them to perform the essential functions of their job,” says Marlo Johnson Roebuck, an attorney who represents employers at Jackson Lewis in Southfield.

Effective accommodations allow employees to perform the essential functions of a job. Minton adds that disabilities do not excuse poor performance in those tasks. Becker advises clients to “talk to their employees about job duties” rather than focusing on the disability itself.

“You need a personalized process,” says Alex Barfield, an employment lawyer at Tucker Ellis LLP in Atlanta. “Hard and fast rules are disfavored. What we see is employers playing doctor with respect to whether someone is disabled or not. A leave request for a number of weeks can be a reasonable accommodation even if it looks ridiculous on paper.”

Many offices have shifted to remote work arrangements. Employers must remember that previously agreed-upon in-office accommodations still apply.

“The assessment of what is considered ‘reasonable’ has always been a murky area,” adds Nancy Castor Sprattlin, who runs an eponymous employment firm in Atlanta. “And the post-pandemic era has made this area even murkier. An employer is only required to provide reasonable accommodations and not required to excuse an employee from performing essential functions of the job, even if the employer temporarily excused performance of certain essential functions by permitting remote work during the pandemic.”

An Undue Hardship on the Employer Is Not Reasonable

An accommodation that places an undue hardship on an employer is not considered reasonable. The ADA defines undue hardship as “an action requiring significant difficulty or expense.”

“Can the employer grant the accommodation without posing an undue hardship?” says Laura Brodeur-McGeorge, an employment attorney at Brodeur McGeorge Legal in St. Clair Shores.

The factors considered when assessing undue hardship, Minton says, can include:

• The nature and cost of the accommodation
• The overall financial resources of the facility or covered entity
• The type of operations at the covered entity
• The impact of the accommodations on the operation of the facility

For example, Minton describes a situation in which an employee who is part of a three-person physical labor team requests a later start time. In that case, the impact on the other team members can constitute an undue hardship. “Creating a job for someone or taking someone else out of a job to open it up for an employee with a disability is not considered reasonable,” says Becker.

Minimizing Employer Risk

Becker advises employers to create a policy and training materials prohibiting workplace discrimination based on a disability. Employers should have an established reasonable accommodation process for handling requested accommodations. This is part of an interactive process between the worker and employer.

“I strongly believe that it’s important that people who are making these decisions have adequate training or reach out for assistance—especially with smaller employers,” Brodeur-McGeorge says.

Employers ought to “train managers and supervisors on how to talk to employees about these issues.” During this process, confidentiality is of utmost importance.

Typically, employers learn of a disability when employees request a workplace accommodation. Employers place themselves at risk if they try to diagnose workers, Becker says. When an employer suspects the presence of a disability that may affect job performance, the magic question is: “Is there anything we can do to help you perform your job better?”

Negotiate with employers before escalating to a lawsuit. “Hopefully, they can reach a resolution on their own,” says Gregory Antollino, “because lawsuits are not a good way to settle internal employment issues. If that goes wrong, or if a person gets fired because that issue has broken the relationship, that’s another question. However, smarter employers are negotiating accommodations and time-off issues for essential workers.”

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA. When an employer denies a qualified applicant’s reasonable accommodation, the worker can file a complaint with the EEOC. Employees can also file a civil lawsuit against the employer for discrimination.

“A lawyer pays off, particularly early on, before you make a decision,” says Barfield. “We can set it up so you make a decision that is most defensible in the event of a lawsuit. If that’s a few hours of talking and research, that’s a lot cheaper than court.”

Damages and Compensation for Disability Discrimination

When the court finds an employer discriminated against a worker, the worker can get compensation. Damages in an employment discrimination case can include lost wages, back pay, loss of benefits, attorneys’ fees, and punitive damages.

“It was held that the company discriminated against my client when it failed to provide her with the reasonable accommodation of a reasonable time for recovery from her pregnancy-related condition and terminated her employment,” says Melissa Alexis Rodriguez, an attorney in Manhattan. “The New York State Division of Human Rights ordered the company to pay back wages, emotional distress damages, attorneys’ fees, and civil fines.”

Find an Experienced Employment Law Attorney

Employment discrimination protections vary by state. A local employment lawyer can review your case and explain your legal options. Use the Super Lawyers directory to find an experienced employment law attorney.