Accommodation Request Generator

Who Qualifies for Accommodations?

Under the ADA, a disability is a physical or mental impairment that "substantially limits one or more major life activities." After the ADA Amendments Act of 2008 (ADAAA), this definition is interpreted broadly.

Major life activities include: walking, seeing, hearing, speaking, breathing, learning, reading, concentrating, thinking, communicating, sleeping, eating, lifting, bending, working, and the operation of major bodily functions (immune system, neurological, respiratory, circulatory, endocrine, reproductive, etc.).

Conditions that are episodic or in remission still qualify if they would substantially limit a major life activity when active. You do not need to be disabled at all times.

The Interactive Process

Once you request an accommodation, your employer is required to engage in an "interactive process" -- a good-faith dialogue between you and your employer to identify effective accommodations.

What this means in practice:

• Your employer must take your request seriously and respond in a timely manner.
• They can ask for medical documentation, but only to confirm you have a disability and need the accommodation.
• They may suggest alternative accommodations that are equally effective.
• They cannot simply ignore your request or deny it without explanation.
• Failing to engage in the interactive process is itself a violation of the ADA.

Employer Obligations

Employers with 15 or more employees must:

• Provide reasonable accommodations to qualified employees with disabilities.
• Not discriminate in hiring, firing, pay, promotion, or other terms of employment.
• Keep all medical information confidential and in a separate file from the personnel file.
• Not retaliate against employees who request accommodations.

What is "Undue Hardship"?

An employer can deny an accommodation only if it would cause "undue hardship" -- significant difficulty or expense. The bar is high. Courts consider:

• The cost of the accommodation relative to the employer's financial resources.
• The overall size and financial resources of the organization.
• The impact on operations or other employees.
• Whether the accommodation fundamentally alters the nature of the business.

Note: Most accommodations cost little or nothing. According to the Job Accommodation Network, 49% of accommodations cost nothing, and the rest have a median cost of about $300.

Medical Documentation

Your employer may request medical documentation, but there are limits:

• They CAN ask: For documentation confirming you have a disability and explaining the functional limitations that require accommodation.
• They CANNOT ask: For your complete medical records, the name of your condition (if functional limitations are clear), or information unrelated to your accommodation request.
• If your disability is obvious or already known, they may not need documentation at all.