When an employee says they need a change at work because of a medical condition or disability, it becomes a legal process under the Americans with Disabilities Act (ADA).
You must know how to recognize a valid request, what you can and cannot ask for, the process for documenting each step, and where the point of undue hardship is.
Here’s how HR and employers manage this process.
What is the Accommodation Request Process for Employers?
The accommodation request process for employers begins when an employee references a workplace barrier linked to a medical condition.
It can be an informal mention that doesn’t require using phrases like “ADA” or “reasonable accommodation.” A clear statement expressing that “I’m having trouble doing X because of Y” is enough to trigger the process.
No legal format, but the law is pretty clear. The law doesn’t require a single format for the process, but that doesn’t mean employers can do whatever they want.
EEOC states clearly that there are real, binding obligations. These include recognizing informal requests, engaging in the interactive process, and responding without unreasonable delay. EEOC also requires federal agencies to have a mandated, written accommodation process in place. This isn’t a requirement for private employers, but the guidance expresses that they can voluntarily implement a similar, written process.
Core stages. Most accommodation requests follow these stages:
- Validate the disability against the job’s essential functions. Employers or HR must verify whether the employee’s disability or condition qualifies under ADA. They must also check the job’s essential and secondary duties. This determines whether the employee can continue their role with limitations or restrictions allowed through an accommodation. This step usually overlaps with a disability management case.
- Engage in the interactive process. Employers must genuinely converse with employees about their condition, limitations, and how it’s affecting their essential duties.
- Compile documentation. Only required documentation should be collected when the disability isn’t self-evident. It’s inappropriate to ask for a complete medical record. A rule to remember: confirm the condition, limitations caused, and what’s being requested.
- Decide and implement. Weigh the accommodation request against undue hardship, then put it in place without further delay.
- Follow up. Check in with the employee to see if the accommodation is working and revisit the plan at a set date to confirm if the needs or job requirements change.
How Should HR Document and Respond to an Accommodation Request?
HR should start a conversation with the employee promptly.
They should discuss the essential job functions, the specific barrier the employee is facing, and ask what would work or what has worked in the past.
Delaying the conversation becomes a compliance risk, but if it’s handled like a routine request, it’s easier to reach a resolution. The discussion should stay aligned on the duties and barrier instead of trying to diagnose the employee’s problem. Asking what the employee thinks would help is useful because they might know exactly which accommodation they require. But weigh it against other realistic options before deciding.
Documentation is as important as the response.
HR should keep a record of:
- The date and nature of the request.
- What was discussed in the interactive process.
- Any documentation requested or received.
- The decision and reasoning behind it.
Medical information should be stored separate from the employee’s personnel file and access limited to decision-makers only. Maintaining defensible documentation in an audit is easier with reasonable accommodation software.
It is worth noting that this isn’t limited to ADA. Title VII includes religious accommodation requests, and some states extend obligations to smaller employers, or situations like pregnancy. Therefore, training supervisors or managers to recognize reasonable accommodation requests can prevent accommodation failures.
What is Considered Undue Hardship for an Employer?
Undue hardship is the legal ceiling on the duty to accommodate. It is the point employers are no longer required to provide an accommodation because it would be inappropriately expensive or disruptive to the business’s operations.
EEOC’s Enforcement Guidance specifically uses the phrase “unduly extensive, substantial, or disruptive” to highlight that it’s not only about financial cost.
There is no fixed dollar limit. It’s generally assessed on a case-by-case basis.
Some factors include:
- The nature and cost of the accommodation.
- The business’s resources and size.
- The employer’s overall resources or structure (global organization vs local facility).
- The operation type.
- How the accommodation affects business operations.
This may sound like good news for employers seeking to deny accommodations where possible, but the EEOC explicitly says not to make “generalized conclusions”.
Employers cannot claim undue hardship on assumptions or pointing to other employees’ discomfort as justification. If this part of the process is not given its due diligence, it can easily become a legal risk.
It’s a hard threshold to meet, so employers should seek legal counsel before denying their employees accommodation.
Manage Workplace Accommodations With Sodales
As accommodation request volume grows, the process becomes harder to follow consistently. Our workplace accommodation software covers medical, telework, religious, and ergonomic accommodation requests.
Book a demo today.
