Your Right to a Reasonable Accommodation for Your Disability

Employees with disabilities have a legal right to workplace changes—called accommodations—that let them perform their jobs, but that right comes with limits. Under the Americans with Disabilities Act (ADA), a reasonable accommodation is any modification to your workspace, schedule, equipment, or job duties that allows you to do essential job functions, as long as you're qualified for the position and work for an employer with 15 or more employees. Your employer isn't required to grant every request, though, if doing so would cause "undue hardship," meaning significant expense or disruption given the company's size and resources.

Knowing your rights starts with understanding what counts as reasonable, since the answer depends heavily on your specific disability, job duties, and workplace. This article walks through how to request an accommodation, what happens during the required "interactive process" with your employer, and when an employer can legally say no.

What Are Reasonable Accommodations Under the ADA?

The ADA prohibits employers from discriminating against employees with disabilities. Discrimination includes not providing reasonable accommodations. (42 U.S.C. § 12112(b)(5)(A).)

As long as you’re otherwise qualified for your job, you’re entitled to a reasonable accommodation, including changes to some or all of the following:

• your workplace
• your workspace
• your employer’s work rules
• your schedule, or
• other policies that will allow you to perform your job.

Who Is a Qualified Person With a Disability Under the ADA?

You're entitled to an accommodation only if you’re qualified for the job. And to be qualified under the ADA, you must meet all of the requirements for the position and be able to perform the job’s essential functions. (42 U.S.C. § 12111(8).)

Meeting All Job Requirements

You must have the fundamental qualifications for the position, such as the necessary:

• education
• licensing
• language skills
• job skills, and
• experience.

For example, if you’re applying for a promotion to a position that requires fluency in Spanish or an architecture license, you must have these qualifications. Otherwise, your employer has no obligation to accommodate your disability.

Performing the Job's Essential Functions

Essential functions are those tasks someone holding the position must absolutely be able to do, as opposed to unimportant tasks or those not central to the role. You must be able to perform the position's essential functions—with or without reasonable accommodations.

For example, carrying heavy water cooler bottles would be an essential function for someone whose job is delivering the containers to businesses. But carrying those bottles wouldn’t be an essential function for someone who does office work and occasionally replaces the container on the office water cooler.

It's fine if you need an accommodation to perform an essential function, as long as you can do it with the accommodation.

What Are Possible Accommodations Under the ADA?

Under the ADA, “reasonable accommodations” are worksite or job modifications that allow an employee with a disability to do their job. (42 U.S.C. § 12111(9).) Accommodations can include:

• changes to the physical structure of your workspace
• changes to your job or work schedule
• exceptions to usual work policies or rules, or
• other changes that will allow you to do your job.

Examples of Reasonable Accommodations

Your disability and the type of work you do will determine what’s a reasonable accommodation for you. Here are some examples of possible ADA accommodations an employer could make, depending on the circumstances:

• If you have cancer, you might need time off work for treatment and the flexibility to work from home or work shorter hours when you’re not feeling well.
• If you have carpal tunnel syndrome, you might need voice-activated software and an ergonomic mouse and desk setup.
• If you have a cognitive impairment like attention deficit disorder, you might need permission to use noise-canceling headphones and to receive written assignments, with clear deadlines, from your supervisor.
• If you have depression or anxiety, you might need time off to see a therapist once a week during work hours.
• If you use a wheelchair, you might need a desktop lowered, a closer parking space, or a restroom stall that’s wide enough to accommodate your chair.

Disabling conditions affect people differently. For example, one person might recover quickly and completely from back surgery for a ruptured disk, while another requires months of rehabilitation, work restrictions, and worksite accommodations for their back pain.

Which accommodation will be right for you will depend on your condition and the nature of your job.

How to Get a Reasonable Accommodation

If you need an accommodation, you have to ask for one. The ADA puts that burden on employees to avoid requiring employers to make assumptions or guesses about an employee's condition, disability, or needs.

Asking for a Job Accommodation

Although it’s not required that you request an accommodation in writing, it’s a good idea. In your request for accommodations, you should include all of the following:

• information on your disability
• the tasks you’re having trouble with, and
• accommodations that might help.

You can attach a note from your doctor explaining how your condition limits you and what accommodations might work. If your disability or need for an accommodation isn't obvious, your employer can ask you for reasonable medical documentation supporting your request.

Negotiating Reasonable Accommodations With Your Employer

Once you ask for an accommodation, your employer must engage in what the law calls a "flexible, interactive process" with you—a good-faith negotiation or discussion—with you to come up with an effective accommodation. (29 C.F.R. § 1630.9.) Your employer doesn't have to provide the accommodation you ask for but must try to find one that will allow you to do your job.

For example, rather than remodeling a restroom near your office to accommodate your walker, your employer might offer to move you closer to an existing accessible restroom. As long as the new office will work for you, that’s likely an effective accommodation—even if you prefer the view from your old space.

The ADA doesn't require your employer to eliminate an essential function of your job, lower production or performance standards that apply to other employees, or provide personal-use items such as eyeglasses, hearing aids, or wheelchairs.

When Providing an Accommodation Would Be an Undue Hardship

Your employer doesn't have to give you an accommodation that would create "undue hardship": a significant expense or burden on the business, considering the following:

• the size of the company
• the company's resources, and
• the structure or nature of the business.

For example, it might be an undue hardship for a smaller employer with a tight budget to retrofit an older office building to accommodate a wheelchair. Or it might be a hardship for a small employer to provide you with an extended leave.

Even less expensive accommodations might create undue hardship if they’d have a significantly negative effect on the company.

For example, suppose you work for a nightclub known for its extensive light displays on the dance floor. It might create an undue hardship for the company to turn those lights off—even if that would be a very effective accommodation for your migraines or seizure disorder.

What to Do If Your Employer Ignores or Denies Your Accommodation Request

Under the ADA, your employer should respond promptly to your accommodation request and move through the interactive process as quickly as possible. Unnecessary delays in responding to your request or providing an accommodation can violate the ADA.

What if Your Employer Ignores Your Request for an Accommodation?

Your first step should be to make sure you were understood. Put your request in writing and make it clear that you’re requesting an accommodation because of a disability. Explain that you have a legal right to a reasonable accommodation for your disability under the ADA.

What if Your Employer Denies Your Reasonable Accommodation Request?

It’s important to find out why. Ask for a written explanation of the denial. Depending on the reason for the denial, you may be able to continue to work with your employer to arrive at a resolution. For example, if your employer denies your request because it’s not reasonable or will cause them undue hardship, they still have an obligation under the ADA to collaborate with you to find a reasonable alternative accommodation.

If you're unable to arrive at a resolution, you might be able to appeal the denial through your employer’s formal accommodation appeal process. For employers who have no such process, you can also try appealing the denial by sending an email to human resources or a manager.

Get Help Enforcing Your ADA Rights at Work

If you have trouble getting your employer to provide reasonable accommodations for your disability, you should consider talking with an employment discrimination lawyer, especially if your employer does any of the following:

• ignores or denies your accommodation request
• refuses to discuss particular accommodations with you
• offers you only accommodations that won't work, or
• penalizes you for making the request.

An employment lawyer can review the facts and let you know your rights and can help you navigate your company's complaint process and investigation. If your employer acted illegally, the lawyer can make sure you meet all of your legal deadlines for taking action, such as filing a charge of discrimination with the EEOC. If your accommodation request can’t be resolved through negotiation, or you lose your job because of your request, a lawyer can represent you if you take your employer to court.

Learn more about getting the help of an employment discrimination lawyer.