Step 1. Request a Reasonable Accommodation
Per the Americans with Disabilities Act (ADA) and Section 504 Rehabilitation Act federal employees are entitled to a reasonable accommodation.
You may request a reasonable accommodation in plain language. The law does not require any specific legal terms to be used nor do you need to specifically ask for a “reasonable accommodation.” The law does require a statement that you need “an adjustment or change at work for a reason related to a medical condition.” The EEOC has a fantastic list illustrative requests that constitute “reasonable accommodation” requests. Below we list a few.
Example A: An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." This is a request for a reasonable accommodation.
Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." This is a request for a reasonable accommodation.
Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. This is a request for reasonable accommodation.
Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. Although this is a request for a change at work, his statement is insufficient to put the employer on notice that he is requesting reasonable accommodation. He does not link his need for the new chair with a medical condition.
Document, document, document! If you verbally request a reasonable accommodation (which is fine) then memorialize that conversation via email back to your supervisor. Documenting the conversation via email to your supervisor accomplishes two things: 1) records the date of the conversation; and 2) reduces the likelihood of any dispute to the nature of your request. In this email, it is also a best practice to ask your supervisor if they need anything else from you to assess your request.
A few other things to note: job applicants may request a reasonable accommodation and third parties may also request a reasonable accommodation on the employee’s behalf.
Step 2. Interactive Process
Once the Agency receives your request for a reasonable accommodation then the “interactive process” commences. During the interactive process, it is common for the Agency and the employee to go back and forth regarding their reasonable accommodation, including but not limited to:
· Assessing the job to understand its purpose and “essential functions;”
· Follow up questions to better understand the specific job-related restrictions; and
· Considering several different reasonable accommodations in partnership with the employee to determine what works and their preferences.
· It is appropriate for the Agency to request the employee to provide medical documentation in support of your reasonable accommodation. This is particularly true when the medical condition is not obvious (e.g., mental illness vs. an individual in a wheelchair). Try to respond to these requests as quickly as possible.
It is important that you respond to any questions or requests for additional information from your Agency as fast as possible. While, the Agency is not under specific time requirements to complete their assessment of the request, it is generally expected that they move as fast as reasonably possible. Do not hesitate to follow up for updates on their review. While your supervisor will be involved throughout the reasonable accommodation process—it is not unusual if they designate someone from HR to lead and/or facilitate the process.
Step 3: Agency decision whether to provide a reasonable accommodation.
The Agency must in good faith consider your request for a reasonable accommodation that enables you to perform the essential functions of your job; access your worksite; or enjoy equal access to the benefits and privileges of employment. The Agency is not required to provide the reasonable accommodation you requested—they can offer something different. The Agency is also not obligated to provide a reasonable accommodation that results in an undue hardship for them.
Common examples of reasonable accommodations:
1. Job training.
2. Job schedule changes, including, but not limited to flexible scheduling;
3. Reserved parking spots.
4. Changes to the workspace to make it more accessible to employees with physical mobility restrictions.
5. Change job tasks BUT! Your Agency is not required to remove any essential functions of your job.
6. Note taking.
If you are a federal employee in need of a reasonable accommodation or requested a reasonable accommodation that the Agency denied. Reach out to the Pekich Law Firm PLLC today.