Being able to perform job functions is a key aspect of qualifying for a new position. Companies often screen candidates based on work history, education and other critical credentials.
Employers should make hiring decisions based on what job functions workers can fulfill, rather than protected characteristics that should not influence what work they perform. Employers should not consider race, age or sex when hiring employees. They also should not consider a worker’s medical condition as long as they can perform job tasks despite their challenges.
In many cases, employees have the right to request reasonable accommodations when seeking positions that they could likely fill based on their experience and credentials. How can employees appropriately assert their right to reasonable accommodations in the workplace?
1. Ensure that the law applies
The Americans with Disabilities Act (ADA) is the federal statute that establishes the right to workplace disability accommodations. It only applies to workers at large enough companies. Typically, there should be at least 15 employees for reasonable accommodation rules to apply. Before taking any steps to negotiate with an employer, validating that the law extends accommodation protections is of the utmost importance.
2. Secure appropriate medical paperwork
Employees who simply request accommodations without any medical documentation may find themselves struggling to compel their employers to take the request seriously.
While the law does not require that workers necessarily disclose their diagnosis, they do typically need to provide a written recommendation from a physician affirming that certain accommodations are necessary. Doing so makes it easier to convince an employer to provide assistive technology or modify the job functions required of an employee.
3. Follow appropriate procedures
Many companies have unique internal rules for employee accommodation requests. Reviewing training paperwork and employee handbooks can help workers determine who they should contact and what information they need to provide. Failing to follow the appropriate procedures can result in delays and denied accommodation requests.
Typically, workers should also maintain their own documentation about their medical challenges and accommodation requests. Showing that an employer did not follow the law and company policies could facilitate a disability discrimination lawsuit if a company refuses to accommodate a worker or punishes them for asking for accommodations.