For employees with disabilities, reasonable accommodations often serve as the crucial bridge to workplace success. Yet many struggle with identifying appropriate accommodations, crafting effective requests, and navigating what can be a complex process. Understanding your rights and how to assert them effectively can make the difference between thriving at work and facing unnecessary barriers.
At Nisar Law Group, we guide clients through every step of the accommodation process, helping them secure the workplace modifications they need. We’ve seen how proper accommodations can transform challenging work situations into productive ones, while unsuccessful accommodation requests can lead to frustration and potential discrimination claims.
This article will walk you through what reasonable accommodations are, how to identify what you need, steps for making effective requests, and what to do if your employer doesn’t respond appropriately.
Disclaimer: This article provides general information for informational purposes only and should not be considered a substitute for legal advice. It is essential to consult with an experienced employment lawyer at our law firm to discuss the specific facts of your case and understand your legal rights and options. This information does not create an attorney-client relationship.
Understanding Reasonable Accommodations
The Americans with Disabilities Act (ADA) defines reasonable accommodations as modifications or adjustments that enable qualified individuals with disabilities to perform essential job functions and enjoy equal employment opportunities. This definition encompasses a wide range of potential workplace changes tailored to individual needs.
The Legal Foundation for Accommodations
Employers covered by the ADA (generally those with 15 or more employees) must provide reasonable accommodations to qualified employees with disabilities, unless doing so would create an “undue hardship.” This obligation represents one of the most important protections in disability discrimination law.
The accommodation requirement recognizes that standard workplace practices, facilities, or equipment may inadvertently create barriers for people with disabilities. By requiring reasonable modifications, the law ensures people with disabilities have equal opportunities to succeed at work.
Similar requirements exist for federal employees and contractors under the Rehabilitation Act, and many state laws extend accommodation requirements to smaller employers not covered by the ADA, providing broader protection in many jurisdictions.
Common Types of Workplace Accommodations
Reasonable accommodations vary widely depending on individual disabilities and job requirements. Understanding common categories can help you identify what might work for your situation:
Physical Workplace Modifications
- Accessible workstations or ergonomic furniture
- Reserved parking or workspace relocation
- Improved lighting or reduced glare
- Air filtration systems or fragrance-free policies
Schedule and Leave Adjustments
- Flexible start or end times
- Periodic breaks for medication or rest
- Telework or work-from-home arrangements
- Modified attendance policies
Equipment and Technology
- Assistive software like screen readers or voice recognition
- Ergonomic keyboards or input devices
- Noise-canceling headphones or sound barriers
- Specialized chairs, desks, or workstations
Job duty modifications, policy exceptions, and human assistance (such as readers or interpreters) may also qualify as reasonable accommodations, depending on your specific needs and job requirements. What matters most is that the accommodation effectively addresses your limitations while allowing you to perform your essential job functions.
What Makes an Accommodation “Reasonable”
Not all requested accommodations will be considered “reasonable” under the law. An accommodation is generally considered reasonable if it:
- Effectively enables you to perform essential job functions
- Addresses the limitations caused by your disability
- Doesn’t eliminate essential job functions
- Doesn’t create an undue hardship for your employer
This standard balances your needs against legitimate business concerns. While your employer doesn’t have to provide the exact accommodation you request if alternative effective accommodations exist, they must make good-faith efforts to accommodate you rather than simply rejecting requests out of hand.
We find that courts generally expect employers to consider a range of possible solutions and work collaboratively with employees to find effective accommodations. Simply saying “no” without proper consideration often violates the ADA’s requirements.
Identifying What You Need
Before making an accommodation request, take time to identify what you truly need. This requires understanding both your limitations and your job’s essential functions.
Assessing Your Disability-Related Limitations
Start by clearly identifying how your disability affects your ability to perform your job. Consider:
- What specific job tasks or environments cause you difficulty? For example, you might struggle with standing for long periods, filtering background noise, processing written information, or managing stress during certain interactions.
- When and how do these difficulties occur? Are they constant, episodic, or triggered by specific conditions? Understanding patterns helps identify targeted accommodations.
- How would these limitations be addressed outside the workplace? Consider strategies or tools you already use in other settings that might transfer to work.
Focus on functional limitations rather than medical diagnoses. For accommodation purposes, what matters is how your condition affects your ability to perform job functions, not the specific medical condition itself.
Understanding Essential Job Functions
Next, identify your job’s essential functions—the fundamental duties that are central to your position. These are tasks you must be able to perform, with or without accommodation. Recognizing essential functions helps determine what accommodations might work.
Review your job description, but remember that written descriptions don’t always accurately reflect actual job requirements. Consider:
Tasks you perform regularly or frequently Functions that take significant time or are particularly important The purpose of your position and critical outcomes Skills or abilities specifically required for your role
Non-essential (or “marginal“) job functions can potentially be reassigned as an accommodation, but essential functions cannot be eliminated. This distinction helps target appropriate accommodations.
Matching Limitations to Potential Accommodations
Once you’ve identified your limitations and essential job functions, consider what accommodations might bridge the gap. Effective accommodations directly address specific limitations while enabling essential job functions.
For example, if you have difficulty filtering background noise due to ADHD and need to handle client phone consultations (an essential function), potential accommodations might include noise-canceling headphones, a private office space for calls, or scheduled quiet periods for important conversations.
Or if you experience back pain from sitting for extended periods but need to perform computer-based analysis, accommodations might include a sit-stand desk, ergonomic chair, scheduled stretch breaks, or voice recognition software.
The key is identifying specific solutions that address your particular limitations while enabling you to fulfill essential job requirements. This targeted approach typically yields more successful outcomes than general accommodation requests.
Valuable Resources for Identifying Accommodations
Several excellent resources can help identify potential accommodations:
The Job Accommodation Network (JAN) provides extensive resources on accommodations for specific disabilities and job functions. Their searchable database offers accommodation ideas by disability, limitation, work task, or occupation.
Your treating healthcare providers can often recommend accommodations based on your specific medical needs and limitations. They can also provide valuable documentation to support your requests.
Disability organizations focused on specific conditions frequently offer workplace accommodation guidance tailored to that disability.
Using these resources can help you identify proven accommodations that have worked for others with similar limitations, strengthening your accommodation request.
Making Effective Accommodation Requests
Once you’ve identified potential accommodations, the next step is making an effective request. How you approach this process can significantly impact your chances of success.
When to Request Accommodations
You can request accommodations at various points throughout employment:
During the application process if you need accommodations for interviews or assessments. Employers can’t reject you because you need reasonable accommodations during hiring.
When starting a new position if you’ll need accommodations from day one. Consider requesting accommodations after receiving a job offer but before starting work.
When disability-related needs arise due to a new condition, changes in an existing condition, or job changes that create new barriers.
After performance issues emerge if disability-related limitations are affecting your performance. When making a post-performance request, explain the connection between your disability and the performance challenges.
We generally advise clients to request accommodations proactively as soon as needs become apparent. Waiting until performance problems develop often creates unnecessary complications and may make the process more adversarial.
Crafting an Effective Accommodation Request
While there’s no legally required format for accommodation requests, following these guidelines can increase your chances of success:
Put it in writing whenever possible. Written requests create clear documentation and reduce misunderstandings. An email or letter provides a record of what you requested and when, which can be crucial if disputes arise later.
Direct your request appropriately. In most organizations, Human Resources is the best starting point for accommodation requests. This approach ensures your request is handled by those familiar with accommodation procedures and legal requirements.
Disclose your disability generally without oversharing. You need to disclose that you have a disability, but you don’t necessarily need to share your specific diagnosis. For example, you might say, “I have a medical condition that affects my ability to stand for long periods” rather than providing detailed medical information.
Connect your limitations to specific job functions. Clearly explain how your disability affects your work: “Because of my condition, I experience difficulty with [specific job task] when [specific circumstances].”
Make specific, solution-oriented requests. Rather than vague statements like “I need help,” make specific accommodation requests: “I am requesting [specific accommodation] to help me [perform specific job function].” This clarity helps your employer understand and evaluate your needs.
Maintain a professional, collaborative tone. Frame your request as a way to enhance your productivity and job performance, not as a demand or entitlement. A solution-focused approach typically yields better results than an adversarial one.
We find that requests following these guidelines typically receive more positive responses and encounter fewer obstacles during the evaluation process.
Sample Accommodation Request Letter
While every situation is unique, this sample email template illustrates an effective approach:
Subject: Request for Reasonable Accommodation
Dear [HR Manager/Supervisor],
I am writing to request reasonable accommodation for a disability under the Americans with Disabilities Act. I have [general description of condition] that affects my ability to [description of limitation as it relates to job functions].
Specifically, I experience difficulty with [explain how limitation affects specific job duties]. To address this limitation and enable me to perform my job effectively, I am requesting [specific accommodation request].
My [doctor/healthcare provider] has recommended this accommodation based on my specific limitations. I believe this accommodation will allow me to successfully perform all essential functions of my position while addressing the limitations caused by my disability.
I’m happy to provide additional information or discuss alternative accommodations that might effectively address these limitations. Please let me know what additional information you need to process this request.
Thank you for your assistance with this matter.
Sincerely,
[Your Name]
This template provides a professional framework that includes all essential elements while maintaining an appropriate level of disclosure and a collaborative tone.
Handling Medical Documentation Requests
Employers can request reasonable documentation when the disability or need for accommodation isn’t obvious. Understanding documentation requirements helps you prepare for this step.
Employers may request documentation when your disability isn’t visible or apparent, when the connection between your disability and requested accommodation isn’t clear, or when they need more information to evaluate accommodation options.
Effective documentation typically includes confirmation that you have a disability covered by the ADA, a description of your functional limitations related to job duties, an explanation of how the requested accommodation addresses these limitations, and the expected duration of the need for accommodation.
Documentation should come from qualified healthcare providers familiar with your condition and its effects. Work with your provider to develop documentation that supports your request without unnecessarily disclosing sensitive medical details beyond what’s needed to establish the accommodation’s necessity.
Remember that your medical information must be kept confidential, stored separately from your personnel file, and accessed only by those involved in the accommodation process. You generally don’t need to share your complete medical history or highly personal details unrelated to your accommodation needs.
Navigating the Interactive Process
After requesting an accommodation, you’ll enter what’s called the “interactive process”—a collaborative dialogue between you and your employer to identify effective accommodations. This process is a critical part of ADA compliance.
Understanding the Interactive Process
The interactive process involves good-faith communication between you and your employer to exchange information necessary to identify appropriate accommodations. This should be a cooperative, flexible, and individualized approach tailored to your specific situation.
Key aspects include ongoing communication, exchange of relevant information about limitations and potential solutions, consideration of your accommodation preferences, exploration of alternatives if initial ideas aren’t feasible, and documented efforts to find effective solutions.
Courts expect meaningful engagement from both parties, not just superficial consideration of requests. Employers who rush through or bypass this process may violate the ADA, even if the specific accommodation requested wasn’t ultimately required.
Your Role in the Process
To effectively participate in the interactive process:
Be responsive and cooperative by providing requested information promptly, attending scheduled meetings about your accommodation, answering questions about your limitations and needs, and considering alternative suggestions with an open mind.
Maintain clear communication by documenting conversations and agreements, clarifying misunderstandings quickly, following up on next steps and timelines, and tracking the progress of your request.
Focus on effective solutions by emphasizing your ability to perform with proper accommodations, considering alternatives if your preferred accommodation isn’t feasible, being willing to try reasonable alternatives, and providing feedback on the effectiveness of implemented accommodations.
We advise clients to approach the interactive process as a collaborative problem-solving exercise rather than an adversarial negotiation. Maintaining professional, solution-focused communication typically produces better results and preserves working relationships.
What to Expect from Your Employer
During the interactive process, employers should engage promptly and in good faith, consider your requested accommodations seriously, provide specific reasons if requested accommodations are denied, and suggest alternatives that would effectively address your limitations.
Your employer should acknowledge your accommodation request in a timely manner, begin the interactive process without unnecessary delay, assign knowledgeable staff to handle your request, and maintain regular communication throughout the process.
They should give primary consideration to your preferred accommodation before suggesting alternatives, evaluate your requested accommodations thoroughly, and provide clear reasons if they cannot provide what you’ve requested.
If your employer fails to fulfill these responsibilities—for example, by ignoring your request, dismissing it without proper consideration, or refusing to engage in meaningful dialogue—this may constitute discrimination under the ADA and could provide grounds for a legal claim.
Negotiating Alternative Accommodations
Sometimes employers may propose alternatives to your requested accommodation. When this happens, evaluate the alternative objectively by considering whether it effectively addresses your limitations, allows you to perform essential job functions, and provides equal employment opportunity.
Discuss any concerns constructively by explaining specific shortcomings of proposed alternatives, focusing on functional limitations rather than preferences, suggesting modifications that would make alternatives effective, and providing examples of why certain solutions would work better for your specific situation.
Consider proposing trial periods for testing alternatives, with clear criteria for evaluating effectiveness, documentation of how the accommodation works in practice, and scheduled follow-up discussions to assess results.
Flexibility during negotiation often leads to successful outcomes. However, if an employer’s alternative doesn’t effectively address your limitations, clearly explain why it’s insufficient rather than simply accepting an inadequate accommodation.
When Accommodations Can Be Denied
While employers must provide reasonable accommodations, there are situations where they can legally deny requests. Understanding these exceptions helps set realistic expectations and identify potential responses.
The Undue Hardship Defense
Employers can deny accommodations that would cause “undue hardship“—significant difficulty or expense considering the employer’s resources, size, and operations.
Undue hardship factors include the accommodation’s cost relative to the employer’s resources, the employer’s size and financial health, disruption to essential business operations, impact on other employees’ ability to perform their jobs, and fundamental changes to the position or business.
This is a high standard, especially for larger organizations. Cost alone rarely constitutes undue hardship for sizeable employers, and inconvenience isn’t the same as undue hardship. The burden of proof rests with the employer to demonstrate that an accommodation would truly create undue hardship.
Courts typically scrutinize undue hardship claims carefully, expecting employers to thoroughly evaluate accommodation options before claiming this defense. If your employer claims undue hardship, ask for a detailed explanation of the specific difficulties the accommodation would create and consider whether there are alternative accommodations that might address those concerns.
Essential Function Considerations
Employers aren’t required to eliminate essential job functions as an accommodation. If your request would effectively remove an essential function, it may be denied.
For example, if lifting 50 pounds is truly essential to a warehouse position, eliminating all lifting requirements might not be reasonable. Similarly, if in-person customer interaction is essential to a sales role, permanent full-time telework might not be reasonable.
However, employers should carefully assess what functions are truly “essential” rather than merely preferred or traditional. Job descriptions, amount of time spent on tasks, consequences of not performing the function, and the experiences of other employees in similar roles all factor into determining whether a function is truly essential.
If your accommodation request is denied based on essential functions, consider whether alternative accommodations might enable you to perform these functions or whether the functions in question are genuinely essential to your position.
Health and Safety Considerations
Employers may deny accommodations if they would create a “direct threat” to health or safety—a significant risk of substantial harm to you or others that cannot be eliminated or reduced by reasonable accommodation.
This assessment must be based on objective evidence (not stereotypes or assumptions), individualized to your specific situation, conducted by someone with relevant knowledge, and focused on current abilities rather than speculation.
If safety concerns arise, explore whether alternative accommodations could address these concerns while still accommodating your disability. Generic safety concerns without specific, objective evidence rarely justify denying accommodations.
Challenging Accommodation Denials
If your accommodation request is denied, you have several options for challenging the decision, from internal appeals to formal legal action.
Internal Appeal Strategies
Start by pursuing internal remedies, which are often faster and less adversarial than external complaints:
Request a written explanation of the denial if one wasn’t provided. This documentation will be valuable if further action is needed and may reveal flaws in the decision-making process.
Appeal to higher management or a different department, such as a diversity office or legal department, that might have broader perspective on accommodation obligations and potential liability.
Provide additional information if the denial was based on insufficient documentation. This might include more detailed medical information, examples of similar accommodations provided to others, or research on how the accommodation would effectively address your limitations.
Suggest modified accommodations that might address employer concerns while still meeting your needs. Consider whether scaled-back or phased implementation might be acceptable as a starting point.
Follow your employer’s formal grievance or complaint procedures if available. These processes sometimes involve individuals with better understanding of accommodation requirements and legal obligations.
We’ve found that many accommodation denials result from misunderstandings or inadequate information rather than intentional discrimination. Internal appeals often succeed in overturning initial denials when additional information or perspectives are introduced.
External Complaint Options
If internal appeals aren’t successful, external options include:
Filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) based on denial of reasonable accommodation. You must generally file within 180 days (extended to 300 days in some states). After investigation, the EEOC may attempt conciliation or issue a “right to sue” letter.
Filing with your state’s fair employment agency, which often provides additional protections beyond the ADA and may have different deadlines or procedures. State agencies typically coordinate with the EEOC so you don’t have to file separately.
Consulting with an employment attorney who specializes in disability discrimination to evaluate your specific situation and advise on the most appropriate course of action. Many employment attorneys offer initial consultations at minimal cost to assess your case.
The best approach depends on your specific circumstances, the strength of your case, and your desired outcomes. We can help evaluate these factors and develop a strategy tailored to your situation.
What to Expect in Litigation
If administrative remedies don’t resolve the issue, litigation may be an option:
Potential claims include failure to provide reasonable accommodation, disability discrimination in terms and conditions of employment, retaliation for requesting accommodations, hostile work environment based on disability, or constructive discharge (if intolerable conditions force resignation).
Available remedies may include back pay for lost wages and benefits, reinstatement or front pay, compensatory damages for emotional distress, punitive damages in cases of intentional discrimination, attorney’s fees and costs, and court orders requiring specific accommodations.
Litigation realities include potentially lengthy proceedings, the emotional and financial costs of pursuing a case, documentation requirements, and uncertain outcomes. However, strong cases often settle before trial, and the threat of litigation sometimes motivates employers to reconsider accommodation denials.
Consulting with an employment attorney before pursuing litigation is essential. An experienced attorney can evaluate the strength of your case, explain the likely timeline and costs, and help determine whether litigation is your best option or whether other approaches might more effectively achieve your goals.
Managing Accommodations Over Time
Accommodation needs may change over time due to changes in your condition, job responsibilities, or workplace environment. Understanding how to maintain and modify accommodations ensures continued effectiveness.
Evaluating Accommodation Effectiveness
Regularly assess whether your accommodations are working by considering whether they fully address your limitations, allow you to perform essential functions effectively, or have created any unexpected challenges. Also note whether your condition or limitations have changed since implementation or if job requirements have changed affecting your accommodation needs.
Schedule follow-up discussions with HR or your supervisor, document specific ways the accommodation is or isn’t working, request modifications if needed, and acknowledge when accommodations work well to build positive relationships around the accommodation process.
Requesting Modifications
When accommodation needs change, initiate a new request for modified accommodations, explaining what has changed since the initial accommodation, why existing accommodations are no longer sufficient, and proposing specific modifications or additional accommodations.
Provide updated documentation if your condition has changed, having healthcare providers explain the need for modified accommodations. Focus on changes in functional limitations and address how new accommodations will improve effectiveness.
Re-engage in the interactive process, being prepared to explore alternative solutions, discuss how job changes affect accommodation needs, and consider trial periods for new accommodations.
Accommodations During Workplace Changes
Be proactive during workplace changes that may affect your accommodations:
During office relocations, ask about accessibility features of new locations, request advance notice to address potential barriers, ensure accommodation equipment will be properly moved, and review new floor plans for potential issues.
With technology changes, verify compatibility of new systems with assistive technology, request advance testing with your accommodations, ask for training tailored to your specific needs, and address potential barriers before full implementation.
During reorganizations or role changes, review new responsibilities for potential accommodation needs, discuss accommodation transfers to new supervisors or departments, and request reassessment if job duties change significantly.
Being proactive about changes helps prevent disruptions to your accommodations and demonstrates your commitment to maintaining workplace effectiveness.
Special Accommodation Situations
Some accommodation situations present unique considerations worth addressing separately.
Remote Work as an Accommodation
Remote work has become an increasingly common accommodation request, especially since the COVID-19 pandemic demonstrated its feasibility for many positions.
Remote work may be reasonable when in-person attendance isn’t an essential function, necessary job functions can be performed remotely, disabilities affect commuting or workplace presence, or environmental sensitivities can’t be adequately addressed onsite.
Potential limitations include positions requiring physical presence with equipment, products, or people; roles with essential in-person collaboration or supervision; and security or confidentiality requirements that can’t be met remotely.
When requesting remote work, explain specifically how it addresses your limitations, outline how all essential functions can be performed remotely, propose communication and accountability measures, and consider hybrid options if full-time remote work isn’t feasible.
Courts increasingly recognize telework as a reasonable accommodation when job duties can be performed remotely, though assessment remains case-by-case and dependent on job requirements.
Leave as an Accommodation
Leave may be a reasonable accommodation when it enables you to return to work following treatment or recovery.
Types of leave accommodations include extended leave beyond FMLA entitlements, intermittent leave for episodic conditions, reduced schedules during treatment or recovery, and flexible attendance policies for unpredictable conditions.
While indefinite leave is generally not considered reasonable, leave with estimated return dates and connected to treatment or recovery is often found reasonable, especially when documentation supports the leave request.
Leave accommodations often overlap with FMLA rights, state family and medical leave laws, short-term disability benefits, and workers’ compensation. Understanding how these interact can help maximize your protection during periods of disability-related absence.
Mental Health Accommodations
Mental health accommodations can present unique challenges due to variability of symptoms and persistent stigma, but they’re just as valid as accommodations for physical conditions.
Common mental health accommodations include flexible scheduling for therapy appointments, breaks for stress management or medication, modified supervisory methods (such as written instructions or regular check-ins), physical workspace modifications for privacy or noise reduction, and alternative methods for stressful job aspects.
Privacy considerations are particularly important with mental health conditions. Specific diagnosis disclosure is usually unnecessary; focus instead on functional limitations. Consider what information supervisors truly need to know to implement accommodations effectively.
To address potential stigma, provide education about accommodation effectiveness, focus on job performance capabilities with accommodations, and reference business benefits of addressing limitations rather than emphasizing the condition itself.
Mental health accommodations often involve minimal cost while significantly improving productivity and retention, making them cost-effective solutions for employers even when not legally required.
Conclusion: Effective Advocacy for Workplace Accommodations
Requesting and securing appropriate accommodations requires understanding your rights, clearly communicating your needs, and navigating what can be a complex process. Remember these key principles:
- Reasonable accommodations are your legal right under the ADA if you have a qualifying disability.
- The most effective accommodations directly address your specific limitations while enabling you to perform essential job functions.
- Clear, written requests that focus on solutions rather than problems typically yield better results.
- The interactive process works best when approached collaboratively rather than adversarially.
- If you encounter resistance, internal appeals often resolve issues before external action becomes necessary.
At Nisar Law Group, we’ve helped many clients successfully navigate the accommodation process, securing the workplace modifications they need to thrive professionally. If you’re struggling with accommodation issues or believe your rights have been violated, don’t hesitate to seek legal guidance. With proper support and advocacy, most accommodation challenges can be successfully resolved, creating a workplace where your abilities—not your limitations—define your professional contribution.
Related Resources
- What Qualifies as a Disability Under the ADA
- Medical Examinations and Inquiries: Employee Rights
- Mental Health Disabilities: Special Considerations
- Invisible Disabilities in the Workplace
- Proving Disability Discrimination: Building Your Case
- Workplace Disability Discrimination: Your Complete Legal Guide
- When Employers Can Claim “Undue Hardship”
- Disability Discrimination in Remote Work Environments
- Long COVID as a Disability: Emerging Legal Considerations