A reasonable accommodation is any modification or adjustment to a job, work environment, or application process that enables a qualified person with a disability to perform essential job functions and enjoy equal employment opportunities. Under the Americans with Disabilities Act (ADA), employers with 15 or more employees must provide reasonable accommodations unless doing so creates undue hardship.
For businesses managing shift workers across multiple locations, accommodation requests create unique challenges. A line cook needs frequent meal breaks for diabetes management. A cashier needs to sit during shifts due to a back injury. A server requests modified uniform requirements for religious reasons. A warehouse worker needs schedule flexibility for medical appointments. Each request requires individual assessment, interactive discussion, and good-faith problem-solving.
Disability discrimination accounts for 34% of EEOC cases, and most involve refusal to provide accommodations. In 2024, the Pregnant Workers Fairness Act expanded accommodation requirements to pregnancy-related conditions, resulting in 2,729 PWFA charges compared to just 188 in 2023. The cost of denying accommodations can be substantial. For example, the Public Service Company of New Mexico (PNM) paid $750,000 to settle claims that the company fired employees for requesting disability accommodations instead of engaging in the interactive process.
The challenge for frontline managers is determining which requests they must grant, how to balance business needs with employee needs, and when they can deny requests without creating legal liability. Understanding what qualifies as a disability, recognizing when accommodation becomes required, and implementing an interactive process protects both your workers and your business.
Who Qualifies for Accommodations
The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities. This includes:
Current “actual” disabilities: Current impairments that substantially limit major life activities such as walking, seeing, hearing, speaking, breathing, learning, reading, concentrating, thinking, communicating, or working. Examples include blindness, deafness, mobility impairments, diabetes, epilepsy, HIV/AIDS, cancer, depression, and anxiety disorders.
Record of disability: History of having an impairment that substantially limited a major life activity, even if it doesn't currently limit activities. This protects people with histories of cancer, mental illness, or other conditions from discrimination based on their medical history.
Regarded as disabled: Being treated as having a disability even if no actual impairment exists. This prevents discrimination based on perceived disabilities.
However, only individuals with actual disabilities or records of disabilities are entitled to reasonable accommodations. People who are merely "regarded as" disabled don't receive accommodation rights, though they're protected from discrimination.
The ADA Amendments Act of 2008 significantly broadened the definition of disability, making it easier for employees to qualify for protection. Impairments that are episodic or in remission (like epilepsy, cancer, or depression) still qualify as disabilities if they would substantially limit major life activities when active.
Example: A restaurant server has diabetes requiring regular meal breaks and periodic blood sugar monitoring. This qualifies as a disability under the ADA because it substantially limits the major life activity of proper endocrine system function. The server is entitled to request reasonable accommodations.
The Pregnancy Connection: PWFA Requirements
The Pregnant Workers Fairness Act, which took effect in June 2023, requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless doing so creates undue hardship. This law filled gaps in ADA coverage, which doesn't treat normal pregnancy as a disability.
PWFA protections cover a broader range of pregnancy-related needs: morning sickness accommodations, restrictions on lifting or standing, frequent bathroom breaks, modified work schedules, seating accommodations, and temporary transfers to less strenuous positions.
The dramatic increase to 2,729 PWFA charges in 2024 from 188 in 2023 reflects both growing awareness of rights and ongoing employer resistance to pregnancy accommodations.
Example: A pregnant cashier requests permission to sit on a stool during shifts because prolonged standing causes back pain and swelling. Under the PWFA, the employer must grant this accommodation unless providing a stool creates genuine undue hardship.
What Accommodations Look Like in Practice
Reasonable accommodations vary widely based on the specific disability and job requirements. Common accommodations include:
Physical Workspace Modifications
- Installing ramps, elevators, or accessible parking spaces
- Providing height-adjustable desks for wheelchair users
- Improving lighting for employees with visual impairments
- Adding grab bars in restrooms
- Modifying workstation layouts for better accessibility
- Allowing use of stools or chairs for positions that typically require standing
Example: A retail associate who uses a wheelchair needs the cash register counter lowered to make it reachable from a seated position. This physical modification costs approximately $300 and allows the employee to perform all essential functions of the cashier role.
Schedule and Work Pattern Changes
- Allowing flexible arrival and departure times for medical appointments
- Providing periodic rest breaks for medical needs (managing blood sugar, taking medication, using bathroom)
- Modifying break schedules
- Allowing part-time or modified schedules
- Providing unpaid leave for medical treatment
- Offering work-from-home options when feasible
Example: A restaurant manager has daily chemotherapy treatments every day for a week, repeating once a month. On therapy weeks, the manager only works half days before treatment, allowing them to balance their needs.
Assistive Equipment and Technology
- Providing screen reader software for employees with visual impairments
- Offering speech-to-text software for employees with mobility limitations affecting typing
- Supplying ergonomic keyboards, mice, or other equipment
- Providing amplified telephones for employees with hearing impairments
- Offering specialized tools that accommodate limited grip strength or manual dexterity
Example: A customer service representative with significant vision loss needs screen magnification software and a larger monitor. The employer purchases and installs this equipment for approximately $800, allowing the employee to read customer information and perform data entry tasks effectively.
Policy Modifications
- Allowing service animals in the workplace
- Modifying dress codes to accommodate medical devices or religious requirements
- Adjusting performance standards related to disability-impacted functions
- Modifying attendance policies for disability-related absences
- Allowing use of accrued paid leave or unpaid leave
- Relaxing no-eating-at-desk policies for medical conditions requiring regular food intake
Example: A retail sales associate has Crohn's disease requiring immediate bathroom access without delay. The employer modifies its policy requiring employees to notify a supervisor before leaving the floor, allowing this employee to step away immediately when needed.
Job Restructuring
- Reassigning marginal (non-essential) job duties to other employees
- Exchanging tasks with other employees
- Eliminating non-essential functions that cannot be performed with accommodation
- Modifying how essential functions are performed
Example: A line cook recovering from a back injury can no longer lift heavy stock pots. The restaurant reassigns the heavy lifting tasks to other kitchen staff while the recovering employee handles vegetable prep, plating, and other cooking duties that don't require heavy lifting. This restructuring is temporary while the injury heals.
Reassignment to Vacant Positions
When an employee can no longer perform their current position's essential functions even with accommodation, reassignment to a vacant position for which they're qualified may be required. This is an accommodation of last resort.
The employer doesn't have to create new positions, bump other employees out of their jobs, or promote the employee. The vacant position must already exist, and the employee must be qualified for it.
Example: A forklift operator experiences a seizure and must wait at least 6 months for a doctor’s release to operate a vehicle. No accommodation exists that would allow continued forklift work. The company has a vacant inventory clerk position requiring similar experience but no forklift operation. The employer must consider reassigning the forklift operator to the vacant clerk position if they're qualified.
The Interactive Process: How Accommodations Work
The ADA requires an interactive process when employees request accommodations. This collaborative dialogue between employer and employee identifies the limitation, explores accommodation options, and implements effective solutions.
Step 1: The Employee Requests Accommodation
Accommodation requests don't require magic words or formal procedures. Any communication indicating a work-related problem due to a medical condition can trigger accommodation obligations.
The employee might say:
- "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing"
- "I need a chair because my back hurts when I stand for long periods"
- "Can I take more bathroom breaks? My medication makes me need to go frequently"
- "My wheelchair doesn't fit under this desk"
Statements linking work difficulties to medical conditions put you on notice that accommodation may be needed, even if the employee doesn't explicitly request accommodation.
Example: A server tells her manager, "I'm pregnant and need to sit down more often because my feet swell." This is an accommodation request under the PWFA, even though she didn't say "I need a reasonable accommodation for my pregnancy."
Step 2: Verify the Disability and Need for Accommodation
When the disability isn't obvious, you can request medical documentation confirming:
- The employee has a condition qualifying as a disability under the ADA
- The specific limitations caused by the condition
- Why accommodation is needed
- Suggested accommodations that might address the limitation
You cannot demand extensive medical records, full diagnosis details, or unnecessary information. The documentation should only address whether a disability exists, what limitations it causes, and what types of accommodations might help.
Example: An employee requests schedule modifications due to a medical condition but provides no details. The employer can ask for documentation from a healthcare provider confirming the employee has a condition limiting a major life activity and explaining why the specific schedule modification is medically necessary.
Step 3: Engage in Interactive Discussion
Once you know an accommodation is needed, discuss possible solutions with the employee. This isn't a unilateral process where you dictate the accommodation. The employee may have insights into what would work best, and you may have ideas about business-compatible solutions.
The discussion should cover:
- What specific job functions the limitation affects
- What accommodations might address the limitation
- Whether proposed accommodations are feasible given business operations
- Whether alternative accommodations might work equally well
Example: A dishwasher with a shoulder injury can no longer lift heavy dish racks overhead. During the interactive process, the employee suggests using a step stool to reduce the overhead reach required. The employer suggests instead getting lighter-weight racks that don't require as much strength to lift. They discuss both options and agree that lighter racks solve the problem while maintaining efficiency.
Step 4: Implement the Accommodation
You don't have to provide the employee's preferred accommodation. You must provide an accommodation that enables the employee to perform essential job functions. If multiple effective accommodations exist, you can choose the one that's less expensive or easier to implement.
However, you should give primary consideration to the employee's preference. If the employee requests a specific accommodation and it's effective and doesn't create undue hardship, denying it to provide a different accommodation may be problematic.
Example: An employee with anxiety disorder requests working from home three days per week to reduce anxiety triggers. The employer determines this isn't feasible for a customer-facing retail position. Instead, the employer offers a modified schedule avoiding peak customer hours when the environment is most stressful, plus permission to take brief breaks when anxiety escalates. This alternative accommodation is effective even though it's not what the employee originally requested.
Step 5: Monitor and Adjust
Accommodations aren't always permanent. Conditions improve or worsen. Initial accommodations may not work as expected. Periodic check-ins help ensure accommodations remain effective and don't impose unnecessary burdens.
You can request updated medical documentation if circumstances change significantly or if you have genuine reasons to believe the disability no longer exists or no longer requires accommodation.
When You Can Deny Accommodations: Undue Hardship
You can deny accommodation requests that create undue hardship. This means there is significant difficulty or expense when considered in light of your business size, resources, nature, and structure.
Factors in determining undue hardship include:
- The nature and cost of the accommodation
- Your overall financial resources and number of employees
- The effect on expenses and resources
- The impact on your business operations
- The type of operations and workplace structure
Undue hardship is determined case-by-case. What creates undue hardship for a small restaurant with 20 employees won't create undue hardship for a large retail chain with thousands of employees and significant resources.
Cost alone rarely establishes undue hardship. If an accommodation costs $5,000 but your annual revenue is $2 million, that's not undue hardship. Undue hardship means the cost is so substantial relative to your resources that it fundamentally alters your business operations.
Example: A five-location restaurant chain with 75 employees determines that installing an elevator to make the second-floor office accessible would cost $125,000. Given the company's size and resources, and the fact that all customer-facing operations occur on the ground floor, this could constitute undue hardship. However, the company must still explore whether reassigning the employee to a ground-floor position or allowing remote work for administrative tasks would accommodate the employee without hardship.
Essential Functions vs. Marginal Functions
You must accommodate employees to perform essential job functions but don't have to accommodate marginal or peripheral duties. Factors determining whether a function is essential include:
- Whether the position exists to perform that function
- The number of other employees available to perform the function
- The degree of expertise or skill required to perform the function
- How much time is spent performing the function
- The consequences of not requiring the employee to perform the function
Written job descriptions created before advertising or interviewing for the position provide evidence of essential functions.
Example: A server's essential functions include taking orders, delivering food and drinks, processing payments, and providing customer service. Marginal functions might include restocking silverware, folding napkins, or cleaning tables (if bussers primarily handle those tasks). An accommodation request to avoid heavy lifting would require modifying silverware-stocking duties (marginal) but not eliminating table service (essential).
What Doesn't Count as Reasonable Accommodation
Some requests fall outside reasonable accommodation requirements:
Eliminating essential functions. You don't have to remove fundamental job duties. If an essential function can't be performed even with accommodation, the employee isn't qualified for the position.
Lowering production standards. While you may need to provide extra breaks or modified schedules, you don't have to accept reduced productivity or lower quality work.
Excusing misconduct. Disability doesn't excuse policy violations, misconduct, or safety violations, though you may need to accommodate the underlying condition causing problematic behavior.
Tolerating disruptive behavior. Even disability-related behaviors that substantially disrupt operations don't require accommodation.
Providing personal use items. You generally don't have to provide items primarily for personal use (glasses, hearing aids, wheelchairs, prosthetics). However, if the item has both personal and work uses, or costs significantly more due to work requirements, you may need to pay the difference.
Example: An employee with diabetes requests that the employer stock specific diabetic-friendly snacks in the breakroom for her use. This is a personal need, not a workplace accommodation. However, allowing the employee to keep such snacks at her workstation and take brief breaks to eat them would be reasonable accommodation.
The Biggest Mistakes Employers Make
Several common errors create unnecessary liability:
Ignoring requests. When employees mention health issues affecting work, even casually, you must treat these as accommodation requests and initiate the interactive process.
Demanding excessive medical information. You can verify a disability exists and understand limitations, but you can't demand complete medical records or detailed diagnosis information.
Refusing to engage. The interactive process is mandatory. You can't unilaterally decide what accommodation to provide (or deny requests) without discussing options with the employee.
Making assumptions. Don't assume what someone with a disability can or cannot do. If they say they can perform the job with accommodation, evaluate the specific request.
Delaying unreasonably. While some accommodations take time to implement, lengthy delays without communication create liability.
Retaliating. Employees who request accommodations engage in protected activity. Treating them negatively after requests creates retaliation claims.
Requiring perfection. An accommodation doesn't have to eliminate all difficulties or restore full performance to pre-disability levels. It must enable the employee to perform essential functions, even if with some continued challenges.
Accommodation Requests and FMLA Leave
The Family and Medical Leave Act (FMLA) and ADA serve different purposes but often interact. FMLA provides unpaid leave for serious health conditions; ADA requires accommodations enabling continued work.
An employee can simultaneously use FMLA leave and request ADA accommodations. FMLA protects their job during medical leave, while ADA accommodations may allow them to return to work sooner or continue working with modifications.
Providing FMLA leave may also be reasonable accommodation under the ADA. Unlike FMLA's 12-week cap, ADA-required leave continues as long as it doesn't create undue hardship and the employee will be able to return to work.
Example: An employee takes 12 weeks of FMLA leave for surgery and recovery. At the end of 12 weeks, they're not yet ready to return. They request four additional weeks as a reasonable accommodation under the ADA. The employer must grant this request unless it creates undue hardship.
Documentation and Best Practices
Implementing effective accommodation systems requires documentation and consistent processes:
Train managers to recognize requests. Many managers miss accommodation requests because employees don't use formal language. Training helps managers spot requests disguised as casual comments about health issues.
Create simple request procedures. While you can't require employees to use specific forms, providing an accommodation request form makes the process clearer.
Document all interactive process conversations. Write down what was discussed, what accommodations were considered, why some were rejected, and what was ultimately agreed upon.
Review accommodations periodically. As conditions change or business needs shift, revisit whether accommodations remain necessary and effective.
Respond quickly. The longer you delay addressing accommodation requests, the more likely you'll face claims that you failed to engage in good faith.
Keep accommodation information confidential. Medical information must remain separate from personnel files and shared only with people who need to know.
