How to request a reasonable accommodation at work

What is a reasonable accommodation?

The ADA reaches employers with 15 or more employees. Its regulation, 29 CFR 1630.2(o), defines a reasonable accommodation as a modification or adjustment that lets a person with a disability apply for a job, do the job, or share equally in the job's benefits and privileges. That reaches job applicants as well as employees.

The regulation gives its own examples. The list opens "Reasonable accommodation may include but is not limited to" and continues: "Job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities." Treat it as a place to start, not a menu.

Whether a particular condition meets the ADA's definition is a separate question. For one condition at a time, see ADHD accommodations at work or anxiety accommodations at work.

Time off can be an accommodation too. How that works is covered in ADA leave.

What isn't a reasonable accommodation?

The EEOC's guidance on reasonable accommodation sets out what an employer doesn't have to change. "An employer does not have to eliminate an essential function...Nor is an employer required to lower production standards -- whether qualitative or quantitative -- that are applied uniformly to employees with and without disabilities."

On the job itself, an accommodation changes how the work gets done. The essential functions stay with the job.

An employer also doesn't have to supply personal-use items that you need for everyday activities, at work and away from it.

One limit on an employer's duty is "undue hardship." The EEOC defines it as "significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation."

And the change you ask for isn't automatically the one you get. In the guidance's words, "The employer may choose among reasonable accommodations as long as the chosen accommodation is effective."

How do you request a reasonable accommodation?

A request doesn't need legal wording. Under the EEOC's guidance, it can be in "plain English," with no mention of the ADA or the phrase "reasonable accommodation."

It can be made "in conversation or may use any other mode of communication." A request made to your supervisor in conversation counts. Someone else can make it for you, too: "A family member, friend, health professional, or other representative may request a reasonable accommodation on behalf of an individual with a disability."

What the request needs is the link between a change at work and a medical condition. In the EEOC's words, "the individual or his/her representative must let the employer know that s/he needs an adjustment or change at work for a reason related to a medical condition".

An EEOC page on workers' legal rights says: "Tell a supervisor, HR manager, or other appropriate person that you need a change at work because of a medical condition. You may ask for an accommodation at any time." Under the EEOC's guidance, that window runs from the application process through your employment.

A written record of what you asked for, and when, is useful evidence if things stall.

Does the request have to be in writing or on your employer's form?

Under the EEOC's guidance, a request doesn't have to be in writing to count.

Your employer can still ask for paper. It may confirm the request in its own memo or letter, or ask you to fill out a form or put the request in writing. What it can't do is ignore the request you already made.

Certicare is a telehealth service where leave and accommodation paperwork is completed and signed by a state-licensed provider after an evaluation. If your employer also asks for medical documentation, such as the provider section of its form or a letter, that is paperwork a state-licensed provider can complete and sign, where the evaluation supports it.

There's usually no appointment, and a provider may follow up for more detail before deciding. Turnaround is usually within 24 hours after we have everything needed.

Completing our intake form starts the review; it does not guarantee a signature, and if the review does not support your request you are refunded in full. Whether the accommodation goes ahead is your employer's decision.

What happens after you ask, and how long does it take?

Once the request is in, the EEOC expects a back-and-forth. "The employer and the individual with a disability should engage in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation." The regulation adds that it "may be necessary for the covered entity to initiate an informal, interactive process with the individual with a disability in need of the accommodation."

Your employer shouldn't sit on it. "An employer should respond expeditiously to a request for reasonable accommodation," and "Unnecessary delays can result in a violation of the ADA." The ADA doesn't set a fixed number of days for that response.

The employer's steps in that informal process are set out in our guide to the interactive process.

What documentation can your employer ask for?

Your employer may ask for documentation when "the disability and/or the need for accommodation is not obvious." Under the EEOC's guidance, it can cover the impairment's "nature, severity, and duration."

It can also cover the activity the impairment limits and the extent of the limitation. It describes your limits at work and what would help.

For what that paperwork covers when Certicare completes it, see workplace accommodation forms.

What if your request is denied?

Your employer may offer a different effective accommodation instead of the one you asked for. The EEOC's guidance leaves that choice to the employer. It can also point to undue hardship, set out above.

If you believe the denial was discrimination, the EEOC's time limits for filing a charge read: "In general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis." Federal employees "generally must contact an agency EEO Counselor within 45 days."

Under 42 U.S.C. 12203(a), no one may discriminate against you for opposing a practice the ADA makes unlawful, or for filing a charge or taking part in an investigation or hearing.

When no accommodation is possible, read when an employer can't accommodate restrictions.

You don't need to have the accommodation worked out before you start. Answer the intake questions, and a state-licensed provider completes and signs the paperwork your employer asked for, where the evaluation supports it.