The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified individuals with a disability. When employees request an accommodation, employers are required to engage in an interactive dialogue with them to determine whether the requested accommodation is reasonable and aimed at assisting the employees in performing their position’s essential functions. Employers aren’t required to provide the requested accommodation, so long as an alternative reasonable accommodation is provided. If employees reject the alternative, employers should take note of the objections and determine whether a modification can be made without creating an undue burden. Whether a particular accommodation is provided is determined by the employer and the employee during the interactive process.
While there’s no one-size-fits-all approach to administering a workplace accommodation, you should approach the situation with empathy. Sometimes an employee who’s requesting an accommodation is embarrassed, so reassure the employee that the request will be taken seriously.
If the need for accommodation isn’t apparent, you may request medical documentation to better understand the need for accommodation. Don’t ask about specifics of the disability, but seek a better understanding of the symptoms needing accommodation. Request information on the limitations caused by the disability and the types of accommodations that may be effective.
Carefully consider the employee’s request. If you deny the request because you believe an alternative accommodation would be just as beneficial and less of a burden on the company, it’s best not to deny the request outright.
Instead, involve the employee in discussions about how the disability affects the employee’s performance and what other accommodations the employee believes would be effective. This will give you a better understanding of whether there are other possibilities that will allow the employee to feel heard.
Effective communication is critical when denying a specific accommodation request and offering an alternative. Start by clearly explaining your reasons for denying the requested accommodation. These could include undue hardship, the accommodation’s lack of necessity for the job, or the availability of more effective or less costly alternatives.
Provide an explanation of the available alternatives, and follow up with written documentation. Listen to the employee’s concerns about the proposed alternatives, and engage in a dialogue to work through these concerns and consider the employee’s preferences. This reassures the employee that the goal is to find a suitable solution, even if the preferred accommodation isn’t granted.
Sometimes employees refuse to accept the modified accommodation. If that occurs, you need to be prepared to demonstrate with documentation that you made a good-faith effort to provide a reasonable accommodation. If the employee continues to insist that they be provided their requested accommodation and unreasonably refuses the alternative, it may be considered insubordination.
Additionally, continuous refusal to engage in the accommodation process or to accept reasonable accommodations can be seen as a failure to cooperate. So, before considering disciplinary action, make sure all other avenues for resolution have been exhausted, and clearly communicate to employees that the consequences of their refusal to cooperate will include discipline.
Keep in mind that you must ensure your policies align with legal requirements and best practices for accommodating employees and that those policies are followed when accommodating employees. You also should consider employees’ specific needs when deciding whether an accommodation is reasonable.
Engaging in an interactive dialogue is not only required but also often results in an alternative accommodation being accepted without issue. Failure to consider alternatives to the proposed accommodation is a failure to engage in the interactive process and violates the ADA.
Jodi R. Bohr, an attorney with Tiffany & Bosco, P.A., practices employment and labor law, with an emphasis in HR management counseling, litigation, class actions, and other HR matters. Her determination and responsive style consistently earn client trust and confidence, as well as successful results. She may be reached at jrb@tblaw.com.
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