Legally Entitled to an Accommodation Letter

The ADA does not contain specific guidelines or forms for requesting reasonable accommodation. However, some employers have developed internal forms. If this is the case, employees must use the employer`s forms to submit an accommodation request. Otherwise, persons with disabilities can use any effective method; The ADA does not require a specific language or format. The following information is an example of an accommodation request letter. Please note that the information is provided for informational purposes only and does not constitute legal advice. If you need legal advice, contact a legal department. For more information about the ADA and reasonable accommodation, please contact the Job Accommodation Network. If you are unable to provide me with _______ (list of necessary accommodations here), I ask that you participate in the interactive process to determine if there is another effective accommodation. An employer is not required to make reasonable accommodation that would cause “undue hardship.” The overall findings are not sufficient to support the allegation of undue hardship.

Rather, undue hardship must be based on an individual assessment of the current circumstances, which shows that a particular reasonable accommodation would cause significant hardship or cost. (113) The finding of undue hardship should be based on several factors, including: the longer the period during which a worker has adequately performed essential duties, with or without reasonable accommodation, the more likely it is that a deployment will be appropriate if the employee is no longer able to continue performing the essential duties of the current position because of a disability. However, if the intern has never adequately performed essential duties, with or without reasonable accommodation, he or she is not entitled to a deployment because he or she was never “qualified” for the original position. In this situation, the employee is similar to a candidate who applies for a job for which he or she is not qualified and then requests reassignment. Applicants are not entitled to a transfer. According to the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing the ADA, a request for placement does not need to be in writing. However, the EEOC suggests that persons with disabilities may find it useful to document accommodation requests in the event of a dispute over whether and when they requested accommodation. One way to document an accommodation request is to submit a written request.

Participation in an interactive process helps employers find and provide appropriate accommodation. In addition, in situations where an employer does not provide reasonable accommodation (and undue hardship would not be a valid defence), proving that the employer is participating in an interactive process can demonstrate a “good faith” effort that can protect an employer from the obligation to pay punitive damages and certain claims for damages. See 42 U.S.C. § 1981a(a)(3) (1994). Example C: A cleaning company rotates its employees on different floors every month. A crew member suffers from a psychiatric disability. Although her mental illness does not affect her ability to perform the various cleaning functions, it makes it difficult to adapt to changes in her daily routine. The employee had great difficulty adjusting to monthly changes in floor allocation. It calls for adequate housing and offers three options: stay permanently on one floor, stay on one floor for two months, then rotate, or leave a transition period to adapt to a change in floor allocation. These precautions are reasonable, as they appear to be viable solutions to this employee`s problems coping with changes in their routine.

They also seem effective because they would allow him to perform his cleaning tasks. The Americans with Disabilities Act of 1990 (ADA) requires employers to provide reasonable accommodation to skilled workers and applicants with disabilities, unless such accommodation would amount to undue hardship (e.g., too costly, too extensive, too great, too disruptive). In general, it is the responsibility of the applicant or employee with a disability to inform the employer that accommodation is required to participate in the application process, perform essential job functions, or obtain equal employment benefits and privileges. Employers are not required to provide accommodation if they are not aware of the need. See Appendix for additional resources to identify other reasonable accommodations possible. While a person with a disability may request a change because of a medical condition, this request does not necessarily mean that the employer is required to provide the change.