Understanding ADA Accommodations as an Employer

There are several federal regulations that employers must adhere to when it comes to employee accommodations, the primary one being the American Disabilities Act, also known as the ADA. Under the ADA, employers with 15 or more employees must provide reasonable accommodations to those employees with disabilities within their organizations. While there is a caveat in the case that this requirement may be waived should the accommodation place undue hardship on the employer, this blog post will delve into the requirements and common scenarios where ADA accommodations must be provided.

The intent of the ADA is to protect and support Americans with disabilities who still are willing and able to participate in the workforce. According to a recent Census report, 42.5 million, or 13% of the American population has experienced a disability at some point in their life. Yet, in 2023 only 22.5% of those persons with a disability were employed. As an employer, it is important to be prepared for ADA requests that may be submitted to the organization by an employee. Part of this preparation is ensuring that the employer has the appropriate policies and procedures in place to process an employee accommodation request when it is submitted. These practices need to be thoroughly documented and communicated to the entire organization. This will help ensure that the policies are clear, actionable and readily available to those who need to utilize them.

Managing Employee Requests

When an employee requests an ADA accommodation, the request does not have to be in writing, and it does not have to include specific accommodations; however, it must clearly describe the

current problem they are facing and the barrier that is impeding them from the following: 

• Participating in a job application process 
• Performing the essential functions of a role 
• Enjoying the privileges or benefits that someone otherwise not disabled could enjoy

For many Americans with disabilities, some barriers to work may be physical ones, whether that be an inaccessible facility or piece of equipment, or a policy regarding breaks or job function requirements. For other employees, the barriers may not be physical and may be related to time constraints, mental health struggles, or other non-visible disabilities.

Responding to ADA Requests

When an employee submits an ACA accommodation request, the employer should respond as quickly and as clearly as possible to prevent any delays or miscommunications, as this could result in an ADA violation for the organization. The challenge comes when determining whether to provide or not provide accommodations based on the submitted request, and how those changes will come about. As an employer, it is the organizations duty to the employee to engage in a discovery process with the employee to determine the best outcome for each party.

Determining Disability

In some cases, an employer may not be required to fulfill an ADA accommodation request should the employee not be truly disabled. When determining disability, the condition of the employee must

meet the ADA definition of disability. Under the ADA, an individual can be considered disabled should they: 

• Have a physical or mental impairment that substantially limits one or more major life activity 
• Have a record of an impairment as described above; or 
• Are regarded as having an impairment as described above

During this process an employer is able to ask for documentation supporting the claim from the employee, but only for the purpose of verifying a disability.

Determining Accommodations and Preparing Your Teams

Once it is determined that an accommodation needs to be provided to the employee, employers must make their best effort to accommodate the request. Some examples of common accommodations include:

• Acquiring of modifying equipment or devices
• Restructuring a job or modifying work schedules
• Reassigning to a vacant position
• Making the workplace accessible to those with disabilities

As some employers may grow weary of the costs associated with implementing such accommodations, according to a recent survey, 56% of employers responded that accommodations resulted in no additional costs, with 37% indicating they experienced a one-time cost and only 7% indicating that the accommodations resulted in ongoing costs to the employer.

When accommodating an employee with disabilities, it is important for their manager to be aware and supportive of the accommodation. These individuals are oftentimes the frontline to these situations and interact with the employee most frequently. This makes the preparedness of managers and supervisors an essential component to the success for both the organization and the employee.

For those organizations that continue to make improvements and dedicate resources to those employees who may present with a disability, according to a recent survey from the Job Accommodation Network, they have experienced the following benefits:

• Retention of valuable employees
• Improvements in productivity and morale
• Reduction in worker's compensation claims and training costs
• Enhanced organizational diversity

While this article has provided some common ADA scenarios, it is not legal advice. Employers looking for additional legal support when it comes to ADA compliance and administration, please reach out directly to your legal counsel or your AssuredPartners team for recommendations and additional resources.