The reasonable accommodation process refers to the steps an employer takes to identify and implement accommodations that will enable a worker with a disability to accomplish their job duties. The process involves a collaborative effort between the employer and the employee, where the employer engages with the employee to determine what accommodations are necessary.
Any employer who fails to reasonably accommodate an employee can be held legally accountable. An employment law attorney from The Spiggle Law Firm can help you hold your employer responsible for a failure to make reasonable accommodations for your disability.
How Does the Reasonable Accommodation Process Work?
The reasonable accommodation process typically involves the following steps:
- Request for Accommodation: The employee with a disability makes a verbal or written request for accommodation from the employer.
- Interactive Process: The employer engages in an interactive process with the employee to determine the nature of the disability, the essential functions of the job, and what reasonable accommodations may be necessary to allow the employee to perform those essential functions.
- Documentation: The employer may require the employee to provide documentation from a medical professional regarding their disability and the need for accommodation.
- Review of Accommodation Options: The employer reviews possible accommodation options that will enable the employee to perform the essential functions of their job. The employer should consider any possible accommodations that the employee suggests.
- Implementation of Accommodation: The employer selects and implements an appropriate accommodation. The employer should ensure that the accommodation is effective.
- Review of Accommodation: The employer should periodically review the accommodation to ensure that it remains effective and meets the employee’s needs.
An Alexandria employment lawyer can help employers or employees navigate the reasonable accommodation process with compassion, care, and understanding.
7 Errors Employers Should Avoid in The Reasonable Accommodation Process
When an employer is presented with a request for reasonable accommodation by an employee with a disability, it is essential to handle the process appropriately to avoid legal liabilities. Here are some mistakes to avoid in the reasonable accommodation process:
- Failing to engage in the interactive process: The employer has a legal obligation to engage in an interactive process with the employee to identify possible accommodations that would allow the employee to perform their job. Failure to do so can result in a claim of discrimination.
- Delaying the process: The interactive process should be initiated as soon as the employer becomes aware of the need for accommodation. Any undue delay in the process may be viewed as a violation of the employee’s rights.
- Making assumptions: Employers should avoid making assumptions about an employee’s disability, limitations, or needs for accommodation. Instead, they should rely on medical documentation and direct communication with the employee to understand their needs.
- Offering inadequate accommodations: The employer should ensure that the offered accommodation is effective. Failure to offer reasonable accommodations can result in a discrimination claim.
- Retaliating against the employee: An employer should not retaliate against an employee for requesting a reasonable accommodation or engaging in the interactive process.
- Failing to document the process: It is important to document the entire process, including discussions and the accommodation offered. Documentation provides evidence that the employer took the necessary steps to comply with the law.
- Disclosing confidential information: Employers should protect the confidentiality of the employee’s medical information and only share it with those who need to know.
Employers must be proactive throughout the process to avoid legal issues.
Hold an Employer Responsible for a Failure to Reasonably Accommodate Your Disability
The goal of the reasonable accommodation process is to provide the employee with the necessary accommodations to perform the essential functions of their job while also meeting the needs of the employer. Should an employer fail to uphold these obligations, an employment lawyer in Alexandria from The Spiggle Law Firm can help you hold them responsible.
Call (202) 449-8527 or fill out our contact form for more information about how our Alexandria employment attorneys can help.
