Reasonable Accommodations: Accessibility in the Workplace

A thriving economy relies on the efforts of all who are willing and able to participate in its success. All across America, individuals with disabilities make valuable contributions to the nation’s economy every day. In October, National Disability Employment Awareness Month seeks to highlight and celebrate their efforts and positive impact.

National Disability Employment Awareness Month

Honoring the contributions of individuals with disabilities to the American economy started in 1945. At that time, Congress passed a law designating the first week in October National Employ the Physically Handicapped Week. The law sought to support the employment of people with physical disabilities, especially veterans returning from WWII.

The word “physically” was removed from the name in 1962 to acknowledge the contributions of people with all types of disabilities. Congress ultimately decided to dedicate the whole month of October to celebrating the contributions of employees with disabilities. In 1988, it created National Disability Employment Awareness Month (NDEAM).

Its purpose is twofold. For one, it seeks to recognize the contributions of persons with disabilities in the workplace. It also serves to educate employers about fostering a work environment that is inclusive, supportive, and free from discrimination.

Each year highlights a different theme regarding aspects of workplace diversity and inclusion. The NDEAM for 2024 is focusing on Access to Good Jobs for All.

Reasonable Accommodations in the Workplace

Providing reasonable accommodations for employees with disabilities is one key element in creating a more inclusive work environment. Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to qualified employees with physical or mental impairments. A reasonable accommodation does not pose an undue hardship on the business. An undue hardship is defined as significantly difficult or expensive.

Reasonable accommodations are adjustments that enable individuals with disabilities to perform the essential functions of their job. The ADA applies to the hiring process as well, protecting applicants and employees. It also requires that disabled employees enjoy equal access to the same benefits and privileges of employment as similarly situated employees without disabilities. These types of accommodations vary depending on an employee’s needs and job duties and might include:

• Modified Work Schedules: Adjusting work hours to accommodate medical appointments or treatment schedules.
• Assistive Technology: Providing specialized equipment, such as screen readers or voice recognition software.
• Physical Adaptations: Making changes to the workspace. This might include installing ramps, providing accessible parking, or modifying a desk to make it wheelchair accessible.
• Flexible Work Arrangements: Allowing remote work or providing flexibility in work location when needed.
• Interpreters or Readers: Providing interpreters for employees who are deaf or readers for employees who are blind.

Securing Reasonable Accommodations

Employees requiring an accommodation can take several steps to communicate their request to their employer. This may include the following:

• Evaluating Needs: Determine what accommodations are necessary. This could involve evaluating specific job tasks and identifying adjustments that will help the employee.
• Informing the Employer: Employees should formally communicate their needs to their employer. The ADA notes that an employee does not have to use the term “reasonable accommodation.” However, it is important to describe the work-related challenges clearly and delineate what adjustments could be helpful. Employees can make such a request verbally or in writing, but having a written record is often beneficial.
• Providing Documentation: Employers may ask for documentation to verify the disability and the need for accommodation. This could involve a medical statement from a health care provider. However, it should be relevant and only to the extent necessary to justify the request.
• Communicating During the Process: The employer and employee should engage in open dialogue to explore possible accommodations. This step is key in finding a mutually agreeable solution.
• Following Up: Once an accommodation is in place, both parties should follow up. They should ensure that the accommodation effectively addresses the employee’s needs without causing unintended issues. This can become an ongoing conversation, as adjustments may be necessary over time.

Resources and Support for Employees and Employers

NDEAM serves as an annual reminder that inclusion and accessibility are shared responsibilities.

Disabled employees should know that they have the right to request effective accommodations to perform their job duties. Communicating openly with employers about one’s specific needs is crucial, as is understanding the process for making these requests.

Employers should actively foster a culture that welcomes individuals of all abilities and encourages them to voice their needs. Reasonable accommodations are more than a legal obligation. They give businesses an opportunity to harness the diverse skills and talents of workers with disabilities.

Individuals and companies alike can take advantage of resources from organizations such as the Job Accommodation Network (JAN). JAN offers guidance on how employees can request reasonable accommodations and on how employers can best resolve such requests.

The United States Equal Employment Opportunity Commission also outlines for employers their responsibilities under Title I of the ADA. Title I bars employers with 15 or more employees from discrimination based on disability. The U.S. Department of Labor provides a list of suggestions for how employers, employees, and others can observe NDEAM.

A proactive approach helps companies tap into a diverse talent pool, increase employee satisfaction, and ultimately enhance productivity and innovation.

Learn More About Reasonable Accommodations in the Workplace

National Disability Employment Awareness Month is in place to recognize and celebrate inclusive workplaces and individuals with disabilities. But these practices should certainly extend throughout the year. If you need a reasonable accommodation to fulfill your work requirements, talk with your employer about a solution.

Learn more about your rights as an individual with disabilities on the ADA website. You can also contact an experienced special needs planning attorney near you. They can discuss your specific situation and potential options with you.

For additional reading on topics related to individuals with disabilities, check out the following articles:

• Bill Would Aid Thousands of Working People With Disabilities
• Employment Program for People With Disabilities
• Through PASS, People With Disabilities Can Pursue Work Goals Without Losing SSI Benefits
• Disability Rights and Service Animals
• Combating Ableism: Being an Ally to the Disability Community