How can an employee secure a “reasonable accommodation” of his or her disability by an employer?
Even when an employer knows that its employee is disabled, the employer is not automatically required to find out whether the employee requires an accommodation. Instead, the burden is on the employee to make an initial request for an accommodation. The employee need not use the term “accommodation,” but need only inform the employer of the disability and that he or she needs some assistance in performing job duties. Once he or she has done so, the employer is required to engage in an “interactive process” with the employee, to determine whether an accommodation is actually needed, and if so, what accommodation might be appropriate. Both parties have a responsibility to cooperate in finding a reasonable accommodation. For example, if the employee refuses to provide any medical evidence of his or her disability or specifically notify the employer of the essential job functions that he or she is having difficulty performing, the employer cannot then be held liable for failing to provide
Even when an employer knows that its employee is disabled, the employer is not automatically required to find out whether the employee requires an accommodation. Instead, the burden is on the employee to make an initial request for an accommodation. The employee does not need to use the term accommodation, but needs only to inform the employer of the disability and that he or she needs some assistance in performing job duties. Once he or she has made the request, the employer is required to engage in an interactive process with the employee, to determine whether an accommodation is actually needed, and if so, what accommodation might be appropriate. Both parties have a responsibility to cooperate in finding a reasonable accommodation. For example, if the employee refuses to provide any medical evidence of his or her disability or specifically notify the employer of the essential job functions that he or she is having difficulty performing, the employer cannot be held liable for failing
Related Questions
- How can an employee or job applicant secure a reasonable accommodation of his or her disability from the employer?
- How can an employee secure a "reasonable accommodation" of his or her disability by an employer?
- Is an employer required to provide "reasonable accommodation" to an employee with a disability?
