RespiteMatch.com Health Blog

How to Ask Your Employer For An Accommodation That You Need

This guide will answer these questions:
1 What is a reasonable accommodation?
2 How do I ask an employer for an accommodation that I need?
3 What does an employer look at when deciding whether to make a reasonable
accommodation?
4 What can I do if an employer says “NO” when I ask for an accommodation?
1 What is a reasonable accommodation?

As a person with a disability, you may need an employer to make certain changes to a work
place or situation in order to ensure that you have an equal chance of getting a job and
keeping a job. Asking an employer to make a change when you are applying for a job or
while working at a job so you can do your job and enjoy the same benefits and conditions
of employment, is often called asking for a reasonable accommodation.
Here are some examples of changes or reasonable accommodations that people with
disabilities can ask for:
Issue: Sylvia is a cook’s assistant. She is a person with mental
retardation. Sylvia does a great job of helping out with menu items
that she knows, but she has trouble when she has to learn new
menu items.
Possible Accommodation: The restaurant where Sylvia works
could give her a job coach to help her learn new items on the
menu.
Issue: Sheryl applies to be an office manager for a large company.
Sheryl uses a wheelchair and the building where the company is
holding the interview has steps leading into it and does not have a
ramp.
Possible Accommodation: The company could agree to move the
interview to a building that has a ramp so that Sheryl could take part
in the interview.
Issue: John is a maintenance worker at a school. John has severe
dyslexia and has trouble following the principal’s written daily list
of duties.
Possible Accommodation: The principal could give John a small
pocket tape recorder and then record each day’s list of duties on
tape for John.
Issue: Tim is hired as a secretary. He has epilepsy and is not able
to drive because he could have a seizure while driving. Sometimes,
his boss needs him to deliver a report.
Possible Accommodation: Another co-worker in the supply room
could be asked to run the errand while Tim covers the supply room
during the errand.
Issue: Sam has a mental illness. He works as a stock person in a
grocery store. Sam needs to go to a group counseling session one
time per week during work hours.
Possible Accommodation: Sam could ask for a modified work
schedule where he leaves 2 hour early but comes in 2 hour early
on Wednesdays.
Issue: Derek is a produce worker in a grocery store. He is deaf and
uses American Sign Language. He must call vendors and place orders
for fresh fruits and vegetables, but he cannot use a telephone.
Possible Accommodation: His employer could install a Text
Telephone (TTY), so Derek could make calls to vendors.
Issue: Megan is a lawyer and was just hired at a law firm. She is
blind and uses a service animal. The law firm is having its annual
employee awards dinner at a hotel that has a no animal policy,
including service animals.
Possible Accommodation: The employer could tell the hotel
that they will not have their dinner there unless they allow
Megan’s service animal or they could move the dinner to another
hotel.
Issue: Sandra wants to apply for a job at a local grocery store. The
store has computer kiosk that people can use to fill out a job
application. Sandra is a person with mental retardation. She cannot
read the instructions on the computer screen.
Possible Accommodation: The store could give Sandra a paper
application or they could offer to have someone read the questions off
of the computer and then key in answers for her.
Issue: Dennis is a receptionist with a hearing impairment. He uses a
hearing aid but also needs a telephone amplification device for the
telephone to hear callers.
Possible Accommodation: His employer could purchase the
telephone amplification device as an accommodation.
Issue: Alberta is visually impaired. Her employer holds a safety
training and gives the employees a written hand-out at the training.
Possible Accommodation: Alberta=s employer could provide a large
print version for Alberta.
These are just some examples of possible accommodations. If you need a different
accommodation than any of the ones above, you may still ask your employer. If you do not know
what type of accommodation you need to be able to do the job, there are lots of people who can
help you think of accommodations. See the list of resources for accommodations that is at the
end of this guide.
2 How do I ask an employer for an accommodation
that I need?
1) You can always just tell your employer that you need an accommodation,
but it is better to put it in writing. Write a letter to your employer asking
for the change or accommodation that you need. Use the sample letter on
pages ____ of this guide to help you write the letter. If you need help, call
the Arizona Center for Disability Law’s Employment Advice Line at 520-
327-9547 (voice/TTY, Tucson) or 1-800-922-1447 (voice/TTY,
statewide). Put a date on the letter. Keep a copy for yourself.
2) If you know exactly what you need, such as one of the accommodations
listed above, then ask for it. If there is more than one type of change that
the employer could make to help you, let the employer know about all of
the different ways to help you.
3) If you do not know exactly what you need, ask for help. A list of places
that may be able to help you decide what kind of an accommodation you
need is on pages ___ of this guide.
4) If you have a job description, look at your job description and review the
requirements or essential functions of the job to make sure that you can
carry out all of the tasks of the job with accommodations.
5) Talk to your employer about the accommodation that you need. Discuss
your limitations and let your employer know how the change or
accommodation that you are requesting would help you do your job.
Note: An employer may ask you to provide a written statement from someone such as your
doctor, psychologist, rehabilitation counselor or physical therapist outlining why you need the
accommodation that you have requested. If you are asked to sign a release of medical records,
however, you should get some advice from the Arizona Center for Disability Law’s Employment
Advice Line or an attorney, if possible, before signing it. An employer is allowed to verify that
you have a disability and need the accommodation because of your disability. An employer is
not allowed to get more medical information than is needed to find that out.
3 What does an employer look at when deciding whether
to make a reasonable accommodation?
When deciding whether or not to provide you with an accommodation, an employer will
typically look at:
! Your abilities and limitations due to your disability
! The requirements or essential functions of the job
Remember:
! An employer is not required to lower quality or production standards to
accommodate you.
! An employer is not required to provide an accommodation if it will cause “undue
hardship” to the operation of the business. “Undue hardship” means that the
accommodation would be very costly to the employer or would result in changes
that would alter the nature or operation of the business.
! An employer is not required to provide an accommodation for a reason unrelated
to your disability.
! An employer does not have to offer you the accommodation that you prefer but
must offer you an effective accommodation. An effective accommodation is one
that allows you to do the job or have an equal opportunity to apply for work or
enjoy the benefits of work.
4 What can I do if an employer says “NO” when I ask
for an accommodation?
There are a couple of things you can do if your employer refuses to provide you with a
reasonable accommodation that you need to do your job.
! Call the Arizona Center for Disability Law’s Employment Advice Line for
help in understanding your choices. The Center’s staff may be able to help you
write or call your employer on your behalf.
You may also ask for help from an advocate, such as a job coach, job developer,
vocational rehabilitation counselor, case manager or school transition counselor.
!
! File a charge of discrimination. If you believe that your employer has
discriminated against you or treated you unfairly on the basis of your disability in
refusing to provide you with the reasonable accommodation, you have the right to
file a charge of discrimination with the Equal Employment Opportunity
Commission or the EEOC.
For more information on how to file a charge, take a look at our guide
titled, “Taking Action: How to File A Charge When You’ve Been Treated
Unfairly Because You Have A Disability.” It is important to file a charge within
300 days of the date of the discrimination in order to later be able to file a
lawsuit under the Americans with Disabilities Act.
If you have specific questions about whether to file a charge or how to file
a charge, you can call the Arizona Center for Disability Law’s
Employment Advice Line at 520-327-9547 (voice/TTY, Tucson) or
1-800-922-1447 (voice/TTY, statewide).
After filing a charge ask for mediation. Mediation is a process where a third
person tries to help the employer and employee or applicant reach an agreement
over a problem such as whether to provide an accommodation. Mediation is free
to people who have filed a charge.
! Look for other funding.You can also try to find other sources to pay
for that part of the accommodation that is too expensive for the employer
to pay for alone:
Arizona Department of Economic Security - Rehabilitation
Services Administration: Agency that provides vocational
rehabilitation (VR) services to people with disabilities. May help you
figure out what type of accommodation you need or buy a specific
device for you that your employer does not have to provide.
Example: An employer might provide an extended training
period that is longer than usual for a person with
mental retardation and then VR might supplement
that training with a job coach.
Industrial Commission Special Fund: Fund that can help you if
you have a disability due to an industrial injury and cannot return
to work without an accommodation. The Special Fund may help
pay for retraining or devices that you need.
Example: A person with a permanent disability due to a workrelated
injury might get a reassignment to a less
demanding job. The Special Fund may pay for a
piece of equipment to return to work.
Private insurance and public insurance programs such as the
Arizona Health Care Cost Containment System (AHCCCS)
and Medicare may also help pay for some devices.
Example: A person with multiple sclerosis that needs a
wheelchair at work may get the wheelchair from her
insurance plan, while the employer may pay for
attachments, such as pockets and a tray to the chair
to allow her to carry her work supplies and adapt it
for her job.
If you have questions about this guide or other questions about your legal rights as a
person with a disability, please write or call the Arizona Center for Disability Law at:
3839 North Third Street 100 North Stone
Suite 209 Suite 305
Phoenix, AZ 85012 Tucson, AZ 85701
602-274-6287 (voice or TTY) 520-327-9547 (voice or TTY)
800-927-2260 (toll free) 800-922-1447 (toll free)
602-274-6779 (fax) 520-884-0992 (fax)
center@acdl.com
To get a list of our trainings or look at other Center self-advocacy guides, visit our web site
at www.acdl.com.
Funding for this document is provided by the United States Department of Health and Human
Services - Administration on Developmental Disabilities and Center for Mental Health Services,
United States Department of Education - Rehabilitation Services Administration.
Federal and state law can change at any time. If there is any question about the continued validity
of any information in the handbook, contact the Arizona Center for Disability Law or an attorney
in your community.
The purpose of this guide is to provide general information to individuals regarding their rights
and protections under the law. It is not intended as a substitute for legal advice. You may wish to
contact the Arizona Center for Disability Law or consult with a lawyer in your community if you
require further information.
# This guide is available in alternative formats upon request.
Revised 10/01/02