Ensuring Workplace Accessibility: Accommodations for Federal Employees with Disabilities
The law requires federal agencies to provide reasonable accommodations to qualified employees with disabilities unless doing so creates an undue hardship for the agency. We understand that asking for a reasonable accommodation is not easy. It takes strength to ask for help and discuss a possibly sensitive medical condition with your leadership. Moreover, proving that the law entitles you to a reasonable accommodation is not easy. You must establish/satisfy many different legal criterions. Like whether the job modification needed relates to an "essential function?" Is your request "reasonable?" Does your request create an "undue hardship?" Are you "disabled" as the ADA defines it? Requesting an accommodation also leads employees susceptible to harassment, discrimination and retaliation regardless of whether you receive the accommodation.
How does the EEOC define disability? Under the the Americans with Disabilities with Act ("ADA") a physical or mental impairment that substantially limits one or more major life activities. In some instances, your employer can ask for medical documentation to confirm your disability and need for a reasonable accommodation.
What is a reasonable accommodation? Any change or modification to the job (or hiring process) or the work environment that enables a person with a disability to perform the essential functions of that job and enjoy equal employment opportunities.
What is an essential function? Job duties fundamental to the position, i.e., the reason the job exists. Some of the factors for determining the job's essential functions include:
whether the job exists specifically to perform these functions; whether other employees are available to perform the same job duties; and the expertise or skills required to perform the essential functions.
Examples of reasonable accommodations:
- Change job tasks.
- Improve accessibility in a work area / reserved parking.
- Provide or adjust a product, equipment, or software.
- Allow a flexible work schedule / work from home.
- Provide an aid or a service to increase access.
- Reassign to a vacant position.
