- Joined
- Jun 10, 2011
- Messages
- 20,238
This in no way serves as advice or suggestions on the part of The Break Room.
We would hope that when it comes to your job and your disability you would be smarter than using a website like ours to make important decisions.
Call your local DVR or the AAOC, talk to them before you make major decisions.
All the information here is factual and gleaned from dozens of websites.
It is provided here to end some of the conversations that have sprung up over the years and stop new threads before they get started.
So that being said, a bunch of stuff you might want to know about the ADA but didn’t know how to ask.
The ADA protects over 53 million Americans who have disabilities.
The term "disability" means, with respect to an individual who has/is:
(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment
The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals based on race, color, sex, national origin, age, and religion.
Who does ADA Title I protect?
Title I of the ADA prohibits discrimination in employment against people with disabilities.
It requires employers to make reasonable accommodations to the known physical or mental limitations of a qualified applicant or employee, unless such accommodation would impose an undue hardship on the employer.
Reasonable accommodations include such actions as making work-sites accessible, modifying existing equipment, providing new devices, modifying work schedules, restructuring jobs, and providing readers or interpreters.
Examples of accommodations:
Deaf applicants may need a sign language interpreter during the job interview.
An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels.
A blind employee may need someone to read information posted on a bulletin board.
An employee with cancer may need leave to have radiation or chemotherapy treatments.
An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one.
If an employer believes that a medical condition is causing a performance or conduct problem, it may ask the employee how to solve the problem and if the employee needs a reasonable accommodation.
Once there is a request reasonable accommodation, the employer and the individual should discuss the individual's needs and identify the appropriate reasonable accommodation.
Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide.
Title I of the ADA also covers:
Medical Examinations and Inquiries
Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions.
A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer’s business needs.
Medical records are confidential.
The basic rule is that with limited exceptions, employers must keep confidential any medical information they learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional. For example, an employee’s request for a reasonable accommodation is considered medical information subject to the ADA’s confidentiality requirements.
Drug and Alcohol Abuse
Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts based on such use. Tests for illegal drugs are not subject to the ADA’s restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
Disclosure
Disclosing a disability may be a consideration when starting a new job; transitioning from school, another job, or unemployment; or retaining a job after acquiring a disability.
For individuals who may still be struggling with accepting their medical condition, making the decision to disclose can be overwhelming. Because some impairments are not visible, individuals may face such challenges as understanding their impairments and determining what types of accommodations are available.
As with any new experience, preparation is vital. The following provides an overview of the dos and don'ts of disclosure.
Note that disclosing is a very personal decision, but some of the following tips may be helpful in making that decision.
Contact JAN for additional information related to job accommodations, the Americans with Disabilities Act (ADA), and other resources.
Do disclose when you need an accommodation:
Deciding when to disclose can be a difficult choice for a person with a disability. If you have a hidden disability such as brain injury or post-traumatic stress disorder, knowing when to disclose your condition can be a real dilemma.
Accommodations
Under the ADA you can request an accommodation at any time during the application process or while you are employed.
You can request an accommodation even if you did not ask for one when applying for a job or after receiving a job offer.
So when should you disclose that you have disability?
In general, you should disclose your disability when you need to request a reasonable accommodation - when you know there is a workplace barrier that is preventing you, due to a disability, from competing for a job, performing a job, or gaining equal access to a benefit of employment like an employee lunchroom or employee parking.
Do know who to disclose to:
This can be tricky. Many employers have their own in house procedures that detail how they handle accommodation requests.
Check your employee handbook or your company’s intranet for this information. In addition, if you have an EEO office or a human resources department, they can assist you.
The other option is to talk to your manager or supervisor directly.
Do know how to disclose:
According to the Equal Employment Opportunity Commission (EEOC), you only have to let your employer know that you need an adjustment or change at work for a reason related to a medical condition. You can use "plain English" to make your request and you do not have to mention the ADA or use the phrase "reasonable accommodation."
Once you disclose, then the interactive process should begin.
At this point, your employer can ask for limited information about your disability and your need for accommodations.
Do not disclose too soon:
Many people with hidden disabilities may feel that they are not being completely honest with an employer if they do not tell everything about their disability up front at the time of their interview.
Just remember that you are not obligated to do so.
When you disclose, just provide basic information about your condition, your limitations, and what accommodations you may need.
Do not disclose too late:
Do not wait to disclose until after you begin to experience work performance problems.
It is better to disclose your disability and request accommodations before job performance suffers or conduct problems occur.
Employers do not have to rescind discipline that occurred before they knew about the disability nor do they have to lower performance standards as a reasonable accommodation.
Remember, the purpose of an accommodation is to enable a qualified person with a disability to perform the essential functions of the job.
So, disclose when you first realize you are having difficulties.
Do not disclose to everyone:
Remember that you have a right to keep information about your disability private. It is not necessary to inform coworkers and colleagues about your disability or your need for accommodations.
While they may be aware of the accommodations, especially if you need to take extra breaks or you have a flexible starting time, they are not entitled to know why.
The ADA requires your employer to keep your disability and medical information confidential and to give it to managers and supervisors only on a need-to know basis.
MOST IMPORTANTLY, DO YOUR HOMEWORK:
No one knows more about your disability then you do so tell your employer what you think you need, but also research other accommodations options such as a flexible start time or working from home part of the time. For additional information on the types of accommodations you could ask for.
All information from A to Z of Disabilities and Accommodations - http://AskJAN.org/media/atoz.htm
What is a Reasonable Accommodation?
Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:
The determination as to whether a person has a disability under the ADA is made without regard to mitigating measures, such as medications, auxiliary aids and reasonable accommodations. If an individual has an impairment that substantially limits a major life activity, she is protected under the ADA, regardless of the fact that the disease or condition or its effects may be corrected or controlled.
Confidentiality
The ADA’s confidentiality provisions do not permit employers to tell coworkers that an employee with a disability is receiving a reasonable accommodation.
It is imperative that managers be trained about how to respond to such questions because it is reasonable to assume they may be asked questions by an employee’s coworkers where the accommodation involves modification of a work schedule or dress code, or any other change in the workplace that a coworker may perceive as holding the employee with a disability to a different performance or conduct standard.
Employers already keep many types of information confidential despite inquiries from their workers, such as personnel decisions like the reason an employee left a job or was transferred.
This situation should be treated in similar fashion.
An employer could respond that she does not discuss one employee’s situation with another in order to protect the privacy of all employees, but she could assure the coworker that the employee is meeting the employer’s work requirements.
Sample Accommodation Request Letter
The following is an example of what can be included in an accommodation request letter and is not intended to be legal advice.
Date of Letter
Your name
Your address
Employer's name
Employer's address
Dear (e.g., Supervisor, Manager, Human Resources, Personnel):
Content to consider in body of letter:
Identify yourself as a person with a disability
State that you are requesting accommodations under the ADA (or the Rehabilitation Act of 1973 if you are a federal employee)
Identify your specific problematic job tasks
Identify your accommodation ideas
Request your employer's accommodation ideas
Refer to attached medical documentation if appropriate*
Ask that your employer respond to your request in a reasonable amount of time
Sincerely, Your signature
Your printed name
Cc: to appropriate individuals
You may want to attach medical information to your letter to help establish that you are a person with a disability and to document the need for accommodation.
______________________________________________________________________________________________________________________________________________________________________________________________
A WTF is going on Letter
Dear (Employer),
I am writing to inquire about the status of the accommodation request I submitted on (date submitted). Please feel free to contact me if you have any questions. I am willing to provide you with further information, if necessary, in order to process the request and assure the accommodations are put into place quickly.
Thank you for your prompt attention.
Sincerely,
(Employee)
Retaliation
According to the EEOC, individuals who oppose unlawful employment discrimination, participate in employment discrimination proceedings, or otherwise assert their rights under the laws enforced by the EEOC are protected against retaliation.
Therefore, if your employer retaliates against you for requesting an accommodation, you should report the retaliation to someone higher up in the company or agency or contact the EEOC immediately.
Q. Can an employer refuse to hire me because he believes that it would be unsafe, because of my disability, for me to work with certain machinery required to perform the essential functions of the job?
A. The ADA permits an employer to refuse to hire an individual if she poses a direct threat to the health or safety of herself or others.
A direct threat means a significant risk of substantial harm.
The determination that there is a direct threat must be based on objective, factual evidence regarding an individual's present ability to perform essential functions of a job.
An employer cannot refuse to hire you because of a slightly increased risk or because of fears that there might be a significant risk sometime in the future.
The employer must also consider whether a risk can be eliminated or reduced to an acceptable level with a reasonable accommodation.
Equal Employment Opportunity Commission
P.O. Box 7033
Lawrence, Kansas 66044
(800) 669-4000 (Voice), (800) 669-6820 (TDD)
For more specific information about ADA requirements affecting public accommodations and State and local government services contact:
Department of Justice
Office on the Americans with Disabilities Act
Civil Rights Division
P.O. Box 66118
Washington, DC 20035-6118
(202) 514-0301 (Voice)
(202) 514-0381 (TDD)
(202) 514-0383 (TDD)
When you are going to ask for an accommodation write some things down.
Define the issue:
Is it possible to modify the job? Yes No
Describe:
Is it possible to modify the schedule? Yes No
Describe:
Is it possible to modify the existing facility? Yes No
Describe:
Is it possible to modify the product or service? Yes No
Describe:
How will these things solve the issue?
Is it possible to use or combine available services, schedules, products. etc? Yes No
Describe:
Are there available products/schedules/methods that can be used differently than they currently are used?
Is it possible to modify a product? Yes No
Describe:
Is it possible to design something new? Yes No
Describe:
Plans for job accommodation:
1.
2.
3.
Useful websites
Disability Discrimination - https://www.eeoc.gov/laws/types/disability.cfm
ADA - Your Employment Rights as an Individual With a Disability - https://www.eeoc.gov/facts/ada18.html
The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities - https://www.eeoc.gov/facts/performance-conduct.html
Autism Spectrum - https://askjan.org/disabilities/Autism-Spectrum.cfm
Edit:
This is a labor lawyer talking about accommodations.
Basically the company has to prove it will be a hardship to provide them, they can't say that it will be.
We would hope that when it comes to your job and your disability you would be smarter than using a website like ours to make important decisions.
Call your local DVR or the AAOC, talk to them before you make major decisions.
All the information here is factual and gleaned from dozens of websites.
It is provided here to end some of the conversations that have sprung up over the years and stop new threads before they get started.
So that being said, a bunch of stuff you might want to know about the ADA but didn’t know how to ask.
The ADA protects over 53 million Americans who have disabilities.
The term "disability" means, with respect to an individual who has/is:
(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment
The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals based on race, color, sex, national origin, age, and religion.
Who does ADA Title I protect?
Title I of the ADA prohibits discrimination in employment against people with disabilities.
It requires employers to make reasonable accommodations to the known physical or mental limitations of a qualified applicant or employee, unless such accommodation would impose an undue hardship on the employer.
Reasonable accommodations include such actions as making work-sites accessible, modifying existing equipment, providing new devices, modifying work schedules, restructuring jobs, and providing readers or interpreters.
Examples of accommodations:
Deaf applicants may need a sign language interpreter during the job interview.
An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels.
A blind employee may need someone to read information posted on a bulletin board.
An employee with cancer may need leave to have radiation or chemotherapy treatments.
An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one.
If an employer believes that a medical condition is causing a performance or conduct problem, it may ask the employee how to solve the problem and if the employee needs a reasonable accommodation.
Once there is a request reasonable accommodation, the employer and the individual should discuss the individual's needs and identify the appropriate reasonable accommodation.
Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide.
Title I of the ADA also covers:
Medical Examinations and Inquiries
Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions.
A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer’s business needs.
Medical records are confidential.
The basic rule is that with limited exceptions, employers must keep confidential any medical information they learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional. For example, an employee’s request for a reasonable accommodation is considered medical information subject to the ADA’s confidentiality requirements.
Drug and Alcohol Abuse
Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts based on such use. Tests for illegal drugs are not subject to the ADA’s restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
Disclosure
Disclosing a disability may be a consideration when starting a new job; transitioning from school, another job, or unemployment; or retaining a job after acquiring a disability.
For individuals who may still be struggling with accepting their medical condition, making the decision to disclose can be overwhelming. Because some impairments are not visible, individuals may face such challenges as understanding their impairments and determining what types of accommodations are available.
As with any new experience, preparation is vital. The following provides an overview of the dos and don'ts of disclosure.
Note that disclosing is a very personal decision, but some of the following tips may be helpful in making that decision.
Contact JAN for additional information related to job accommodations, the Americans with Disabilities Act (ADA), and other resources.
Do disclose when you need an accommodation:
Deciding when to disclose can be a difficult choice for a person with a disability. If you have a hidden disability such as brain injury or post-traumatic stress disorder, knowing when to disclose your condition can be a real dilemma.
Accommodations
Under the ADA you can request an accommodation at any time during the application process or while you are employed.
You can request an accommodation even if you did not ask for one when applying for a job or after receiving a job offer.
So when should you disclose that you have disability?
In general, you should disclose your disability when you need to request a reasonable accommodation - when you know there is a workplace barrier that is preventing you, due to a disability, from competing for a job, performing a job, or gaining equal access to a benefit of employment like an employee lunchroom or employee parking.
Do know who to disclose to:
This can be tricky. Many employers have their own in house procedures that detail how they handle accommodation requests.
Check your employee handbook or your company’s intranet for this information. In addition, if you have an EEO office or a human resources department, they can assist you.
The other option is to talk to your manager or supervisor directly.
Do know how to disclose:
According to the Equal Employment Opportunity Commission (EEOC), you only have to let your employer know that you need an adjustment or change at work for a reason related to a medical condition. You can use "plain English" to make your request and you do not have to mention the ADA or use the phrase "reasonable accommodation."
Once you disclose, then the interactive process should begin.
At this point, your employer can ask for limited information about your disability and your need for accommodations.
Do not disclose too soon:
Many people with hidden disabilities may feel that they are not being completely honest with an employer if they do not tell everything about their disability up front at the time of their interview.
Just remember that you are not obligated to do so.
When you disclose, just provide basic information about your condition, your limitations, and what accommodations you may need.
Do not disclose too late:
Do not wait to disclose until after you begin to experience work performance problems.
It is better to disclose your disability and request accommodations before job performance suffers or conduct problems occur.
Employers do not have to rescind discipline that occurred before they knew about the disability nor do they have to lower performance standards as a reasonable accommodation.
Remember, the purpose of an accommodation is to enable a qualified person with a disability to perform the essential functions of the job.
So, disclose when you first realize you are having difficulties.
Do not disclose to everyone:
Remember that you have a right to keep information about your disability private. It is not necessary to inform coworkers and colleagues about your disability or your need for accommodations.
While they may be aware of the accommodations, especially if you need to take extra breaks or you have a flexible starting time, they are not entitled to know why.
The ADA requires your employer to keep your disability and medical information confidential and to give it to managers and supervisors only on a need-to know basis.
MOST IMPORTANTLY, DO YOUR HOMEWORK:
No one knows more about your disability then you do so tell your employer what you think you need, but also research other accommodations options such as a flexible start time or working from home part of the time. For additional information on the types of accommodations you could ask for.
All information from A to Z of Disabilities and Accommodations - http://AskJAN.org/media/atoz.htm
What is a Reasonable Accommodation?
Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:
- providing or modifying equipment or devices,
- job restructuring,
- part-time or modified work schedules,
- reassignment to a vacant position,
- adjusting or modifying examinations, training materials, or policies,
- providing readers and interpreters, and
- making the workplace readily accessible to and usable by people with disabilities.
The determination as to whether a person has a disability under the ADA is made without regard to mitigating measures, such as medications, auxiliary aids and reasonable accommodations. If an individual has an impairment that substantially limits a major life activity, she is protected under the ADA, regardless of the fact that the disease or condition or its effects may be corrected or controlled.
Confidentiality
The ADA’s confidentiality provisions do not permit employers to tell coworkers that an employee with a disability is receiving a reasonable accommodation.
It is imperative that managers be trained about how to respond to such questions because it is reasonable to assume they may be asked questions by an employee’s coworkers where the accommodation involves modification of a work schedule or dress code, or any other change in the workplace that a coworker may perceive as holding the employee with a disability to a different performance or conduct standard.
Employers already keep many types of information confidential despite inquiries from their workers, such as personnel decisions like the reason an employee left a job or was transferred.
This situation should be treated in similar fashion.
An employer could respond that she does not discuss one employee’s situation with another in order to protect the privacy of all employees, but she could assure the coworker that the employee is meeting the employer’s work requirements.
Sample Accommodation Request Letter
The following is an example of what can be included in an accommodation request letter and is not intended to be legal advice.
Date of Letter
Your name
Your address
Employer's name
Employer's address
Dear (e.g., Supervisor, Manager, Human Resources, Personnel):
Content to consider in body of letter:
Identify yourself as a person with a disability
State that you are requesting accommodations under the ADA (or the Rehabilitation Act of 1973 if you are a federal employee)
Identify your specific problematic job tasks
Identify your accommodation ideas
Request your employer's accommodation ideas
Refer to attached medical documentation if appropriate*
Ask that your employer respond to your request in a reasonable amount of time
Sincerely, Your signature
Your printed name
Cc: to appropriate individuals
You may want to attach medical information to your letter to help establish that you are a person with a disability and to document the need for accommodation.
______________________________________________________________________________________________________________________________________________________________________________________________
A WTF is going on Letter
Dear (Employer),
I am writing to inquire about the status of the accommodation request I submitted on (date submitted). Please feel free to contact me if you have any questions. I am willing to provide you with further information, if necessary, in order to process the request and assure the accommodations are put into place quickly.
Thank you for your prompt attention.
Sincerely,
(Employee)
Retaliation
According to the EEOC, individuals who oppose unlawful employment discrimination, participate in employment discrimination proceedings, or otherwise assert their rights under the laws enforced by the EEOC are protected against retaliation.
Therefore, if your employer retaliates against you for requesting an accommodation, you should report the retaliation to someone higher up in the company or agency or contact the EEOC immediately.
Q. Can an employer refuse to hire me because he believes that it would be unsafe, because of my disability, for me to work with certain machinery required to perform the essential functions of the job?
A. The ADA permits an employer to refuse to hire an individual if she poses a direct threat to the health or safety of herself or others.
A direct threat means a significant risk of substantial harm.
The determination that there is a direct threat must be based on objective, factual evidence regarding an individual's present ability to perform essential functions of a job.
An employer cannot refuse to hire you because of a slightly increased risk or because of fears that there might be a significant risk sometime in the future.
The employer must also consider whether a risk can be eliminated or reduced to an acceptable level with a reasonable accommodation.
Equal Employment Opportunity Commission
P.O. Box 7033
Lawrence, Kansas 66044
(800) 669-4000 (Voice), (800) 669-6820 (TDD)
For more specific information about ADA requirements affecting public accommodations and State and local government services contact:
Department of Justice
Office on the Americans with Disabilities Act
Civil Rights Division
P.O. Box 66118
Washington, DC 20035-6118
(202) 514-0301 (Voice)
(202) 514-0381 (TDD)
(202) 514-0383 (TDD)
When you are going to ask for an accommodation write some things down.
Define the issue:
Is it possible to modify the job? Yes No
Describe:
Is it possible to modify the schedule? Yes No
Describe:
Is it possible to modify the existing facility? Yes No
Describe:
Is it possible to modify the product or service? Yes No
Describe:
How will these things solve the issue?
Is it possible to use or combine available services, schedules, products. etc? Yes No
Describe:
Are there available products/schedules/methods that can be used differently than they currently are used?
Is it possible to modify a product? Yes No
Describe:
Is it possible to design something new? Yes No
Describe:
Plans for job accommodation:
1.
2.
3.
Useful websites
Disability Discrimination - https://www.eeoc.gov/laws/types/disability.cfm
ADA - Your Employment Rights as an Individual With a Disability - https://www.eeoc.gov/facts/ada18.html
The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities - https://www.eeoc.gov/facts/performance-conduct.html
Autism Spectrum - https://askjan.org/disabilities/Autism-Spectrum.cfm
Edit:
This is a labor lawyer talking about accommodations.
Basically the company has to prove it will be a hardship to provide them, they can't say that it will be.
Last edited:
