Posted on September 17th, 2018
Most employers know that you must allow a reasonable accommodation to employees with disabilities and this came about because of the Americans with Disabilities Act of 1990,.
What some employers don’t know, however, is that there are circumstances where you may say no.
The circumstances are specific from employee to employee and employer to employer.
Here, we’re going to take a look at what some of these instances might look like.
What is a Reasonable Accommodation?
According to the ADA, employers may allow employees with disabilities accommodations to apply for a job or perform a job.
These changes may apply to the job process itself, the work environment, or the application process.
Some examples that might help you understand the reasonable accommodation definition would include:
- Installing a ramp to the entrance of a building
- Modifying a restroom
- Providing screen reader software to computers
- Adjusting work schedules so that employees with chronic illnesses can make medical appointments
Of course, there are many other examples, but that can give you a general idea of what we are talking about here.
How an Employer Can Determine a Reasonable Accommodation
The process of asking for a reasonable accommodation can actually be rather simple on the employee’s part.
It can even be an informal request. It doesn’t even need to be in writing.
With that said, there is a reasonable accommodation request form, as well as a process for filing. It may be necessary in some cases, too, if there is a conflict between the employer and employee.
But the basics for you having to address this situation is as simple as it gets. An employee needs to only make a request.
Sometimes, the accommodation may not be completely obvious, though.
As an employer, you need to make every effort to determine what the change may be. Take note, though, that you are not allowed to ask if your employee has a disability.
You can ask if they can perform the functions of the job, though, and even require them to demonstrate that they can.
All in all, talking with the employee will usually fix the situation, but things don’t always go as planned.
When push comes to shove, there are situations where a request by an employee with a disability may not be possible.
When Can You Say “No”?
Saying no to accommodation for an employee with a disability seems odd.
After all, we usually want the same thing. You, as the employer, want your business to run smoothly so that it is profitable, and the employee wants to perform the job so they can earn money.
Not every employee has evil intentions and ulterior motives to what they do, such as in the case of bogus worker’s comp claims.
A lot of requests come from a genuine and truthful place, but there might be some difficulty as you need to do whats best for your business as well.
Officially, according to the ADA, you as an employer can say no to a person’s request if that accommodation for them would cause your business “undue hardship.”
But what is an undue hardship?
Basically, it’s when the change would be too expensive or difficult to make or if it would change the nature of the business entirely.
In other words its not a “reasonable” accommodation.
If the issue is financial, then there are a number of factors to determine:
- The cost of the accommodation
- The size of the employer
- The resources available to the employer
If the issue is on the nature of the job itself, then you must take into account how it affects the business as a whole.
Financial Burden
If an employee requests a particular device or a change to the layout of their office, it’s possible that the change may be too expensive.
This is dependent on the cost of the change and the financial resources at the disposal of the employer. A possible accommodation could not only be to expensive but possibly disrupt the flow of your business.
Still, as an employer, the laws expectation is that you will look for an alternative reasonable accommodation that might not cause such a financial burden.
You can consider outside resources that may be available to you, as well, such as state and federal tax credits and deductions.
Changing the Nature of the Business
Sometimes, a request for accommodation may change a job entirely.
For example, let’s say you hire someone for client relations that’s diagnosed with social anxiety disorder. The nature of their job is to interact with lots of people in various settings.
The employee requests as an accommodation to not have to interact with people, or not interact with them face to face. This changes the nature of the business and doesn’t line up with the job you hired them for in the first place. You as the employer should have the right to refuse this kind of request.
Requesting Personal Items
Sometimes there is a conflict between employer an employee with reasonable accommodation requests when it comes to personal items.
This might include:
- Wheelchairs
- Prosthetic limbs
- Hearing aids
- Assistance animal
While these items might be necessary for a person with a disability to perform certain functions, might cause a problem with the job duties you have for them.
Working With Disabled Employees
Whether it’s by finding an alternative solution or taking advantage of outside resources, employers still need to make a reasonable effort.
When a qualified disabled employee needs accommodations to perform a job function, there are certain financial burdens.
As discussed, some of these burdens may be too great and cause undue hardship.
You, as the employer, may have the right to say no sometimes.
Earlier, we explained that a request doesn’t need to be in writing. If there are difficulties or obvious problems in making a reasonable accommodation it might be a good idea to get requests and responses in writing.
It’s always best to have clear communication and evidence of what’s said and acknowledged.
Final Thoughts
When a reasonable recommendation becomes an undue hardship on your business, you have the right to say no.
It may be dependent on a number of variables, but it’s important to know when it’s okay to say no.
If you have more questions about reasonable accommodation or defending your business, please feel free to contact us!
