The Americans with Disabilities Act—and, in the case of federal employees, the Rehabilitation Act—as well as a number of state disability statutes, provide for reasonable accommodations. If you’re disabled in the workplace and finding it difficult to perform the essential functions of your job, you’re permitted to ask for a reasonable accommodation to allow you to perform those essential functions.
Knowing those rights is important. Reasonable accommodations could include modified work schedules, assistive technology, physical adjustments to your workspace, or remote work options. In many instances, a person has a disability that creates symptoms, and the goal is to adjust the work environment so those symptoms are minimized and the person can perform the essential functions of their job.
The next question then becomes: how do you make the request? The first thing to know is that you don’t have to do anything formal. There are no magic words. You can meet with your employer, your supervisor, or the human resources department and explain that you’re having difficulty performing one or more essential functions of your job and that you require an accommodation to help you do that. You can also make suggestions.
You can state the request verbally or put it in writing, but it’s very important that you and your employer engage in what’s called the interactive process. Those are words that are specific under the law. An employer can’t simply say they’re not going to do it—they have to sit down and talk it through with you.
In that process, employers are allowed to ask additional questions about your disability to better understand your symptoms, determine whether you have a documented disability, and assess whether those symptoms impede your ability to do your job. You need to work with your employer in good faith. Sometimes that includes providing medical documentation or meeting with HR and your supervisor to discuss accommodation requests and specific options for them to consider.
That’s all part of the process. As a final point, I would strongly recommend following up in writing so you have a record of what you’ve done. This is an important process, and it takes time. It’s not a one-stop solution.
If you have any questions, feel free to reach out to me at Eric Seagull Law. I’m happy to answer any questions you have.