The Good News: Reasonable Accommodation Requests Should Not Be Scary

By Ann Modlin Boehm, June 10, 2024

Many supervisors panic when an employee requests a reasonable accommodation because of a disability. It does not need to be that way. Understanding the basics of the reasonable accommodation interactive process can help all involved – the supervisor, employee, and reasonable accommodation experts – do what is best for the employee and the agency.

My employee is claiming to be disabled.  How do I know if the employee is really disabled?

A disability is a physical or mental impairment that substantially limits one or more major life activities. Because of the Americans with Disabilities Act Amendments Act of 2008, the definition of “disability” is broadly construed. If it’s a close call the presumption is that an employee has a disability. If the disability and needed accommodation are not obvious, the employee may need to provide medical documentation to explain the nature of the disability and the functional limitations.

Many Federal employees have medical and physical impairments that meet the definition of disability. A list from the Department of Justice, Civil Rights Division, includes these examples of disabilities:

• Cancer
• Diabetes
• Post-traumatic stress disorder
• HIV
• Autism
• Cerebral palsy
• Deafness or hearing loss
• Blindness or low vision
• Epilepsy
• Mobility disabilities such as those requiring the use of a wheelchair, walker, or cane
• Intellectual disabilities
• Major depressive disorder
• Traumatic brain injury

If my employee has a disability, do they need a reasonable accommodation?

Not necessarily. An employee with a disability has to be qualified for the position and able to perform the essential functions of the job with or without a reasonable accommodation.

Huh?

This is the important part of the interactive process, especially for supervisors. Many employees with disabilities can perform the essential functions of the job without an accommodation. Some employees cannot.

What are the essential functions of the position?

The EEOC’s regulations on reasonable accommodation explain “the essential functions are the fundamental duties of the position.” 29 C.F.R. 1630.2(n)(1). In our training classes on reasonable accommodation we refer to these at the “outcomes” of the job.

Does the EEOC have any more guidance on essential functions?

The regulations provide a list of reasons that a function may be considered essential:

“(i) The function may be essential because the reason the position exists is to perform that function; (ii) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or

(iii) The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.” 29 CFR 1630.2(n)(2).

The regulations also list evidence of whether a particular function is essential: “(i) The employer’s judgment as to which functions are essential; (ii) Written job descriptions prepared before advertising or interviewing applicants for the job; (iii) The amount of time spent on the job performing the function; (iv) The consequences of not requiring the incumbent to perform the function; (v) The terms of a collective bargaining agreement; (vi) The work experience of past incumbents in the job; and/or (vii) The current work experience of incumbents in similar jobs.” 29 C.F.R. 1630.2(n)(3) (emphasis added).

Note the italicized language, above. As a supervisor, your input is significant in determining whether a job function is essential. Make sure you do an honest assessment. It is not an essential function just because you want a job performed a certain way.

My employee has not actually said “I need a reasonable accommodation.” Is it possible they requested one anyway?

It certainly is possible. The employee does not have to use any particular form or even use the words “reasonable accommodation.” What they need to do is let you know they need “an adjustment or change at work for a reason related to a medical condition.” EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship, at p. 9 (Oct. 17, 2002) (Guidance).

Also, the request for an accommodation does not need to come from the employee. Someone else, like a relative or health care provider or friend, may make the request. Guidance, at p. 10.

How quickly do I need to address a request for reasonable accommodation?

The employer needs to act promptly! An undue delay can be disability discrimination. Guidance, at p. 17. If an employee requests reasonable accommodation, contact your reasonable accommodation coordinator immediately and get the process started.

Does my employee get to decide the reasonable accommodation?

The key word here is “reasonable” accommodation. The employee’s choice is considered, but as long as the accommodation is effective, it does not have to be the gold standard. Guidance, at 16.

The information provided here should help alleviate any panic associated with a request for reasonable accommodation. Remember that disability discrimination is illegal. As a supervisor, you are not expected to be an expert on reasonable accommodation, but you need to participate in the reasonable accommodation interactive process. Your agency has reasonable accommodation experts to help with this process. A reasonable accommodation request is not scary. And that’s Good News! Boehm@FELTG.com

[Editor’s note: FELTG’s annual webinar series on reasonable accommodation begins next month. Register now.]