At this point, https://expandsuccess.org/empowering-innovation-through-diversity/ the employer can also provide an overview of the process, so the person who requested an accommodation understands what will happen next and who will have access to the information shared. After an employee discloses a disability to their manager or to human resources, it is important to initiate whatever reasonable accommodation process that the employer has in place. The first step in the reasonable accommodation process is disclosure of a disability, as employers are only required to accommodate disabilities of which they are aware.

If an individual provides sufficient documentation to show the existence of an ADA disability and the need for reasonable accommodation, continued efforts by the employer to require that the individual see the employer’s health professional could be considered retaliation. Each department is required by federal and state laws to engage in the RA interactive process when a job applicant or employee with a disability identifies a need for an accommodation to participate in a selection process, perform the essential functions of a job, complete required training, or benefit from employer-sponsored events. Persons with disabilities who need RA for an examination conducted by another state department or need RA to perform the essential functions of a state job should contact the RA Coordinator or the Equal Employment Opportunity Officer for the applicable department. See 29 C.F.R. § 1630.2(o)(1)(ii), (2)(ii) (1997) (modifications or adjustments to the manner or circumstances under which the position held or desired is customarily performed that enable a qualified individual with a disability to perform the essential functions). \ Furthermore, the ADA requires employers to provide reasonable accommodations, including reassignment, regardless of whether such accommodations are routinely granted to non-disabled employees.

• An employer never has to reallocate essential functions as a reasonable accommodation, but can do so if it wishes.
• Individuals with a relationship or association with a person with a disability are not entitled to receive reasonable accommodations.
• Federal agencies are required by law to provide reasonable accommodation to qualified employees with disabilities.
• Some courts have suggested that reassignment means simply an opportunity to compete for a vacant position.

Some courts have limited the obligation to provide a reassignment to positions within the same department or facility in which the employee currently works, except when the employer’s standard practice is to provide inter-department or inter-facility transfers for all employees. An employee who needs leave, or a part-time or modified schedule, as a reasonable accommodation also may be entitled to leave under the Family and Medical Leave Act. Although individuals with disabilities are not required to keep records, they may find it useful to document requests for reasonable accommodation in the event there is a dispute about whether or when they requested accommodation. Nevertheless, some courts have required that individuals initially provide detailed information in order to trigger the employer’s duty to investigate whether reasonable accommodation is required.

Medical/Physical Examination Documentation

Do not provide any medical documentation to anyone other than the Reasonable Accommodation Coordinator While not required, completion of this form is requested for record keeping purposes and can streamline the request process. Once the employer identifies an effective accommodation, make a plan to put it into effect on the job, including any necessary training for the employee. If the need for an accommodation is not obvious, the employee may be required to provide documentation of a disability from the appropriate health or rehabilitation professional. All participants involved must agree to maintain confidentiality when discussing accommodations; reasonable accommodation information may only be shared on a need-to-know basis, will never go in a personnel file, and will not be shared with coworkers.

In addition, the EEOC has published a great deal of basic information about reasonable accommodation and undue hardship. The employer, however, should explore whether any other reasonable accommodation will assist the store clerk without causing undue hardship. The store determines that https://beyondgovernance.com/preventing-misconduct-through-diversity/ such an arrangement will result in inadequate coverage to serve customers in a timely manner, keep the shelves stocked, and maintain store security.

This Guidance sets forth an employer’s legal obligations regarding reasonable accommodation; however, employers may provide more than the law requires. Title I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship. This document addresses the rights and responsibilities of employers and individuals with disabilities regarding reasonable accommodation and undue hardship under Title I of the ADA. CalHR accepts no responsibility for the content or accessibility of external websites or external documents linked to on this website.