What Are Reasonable Accommodations Under the ADA?

Did you know that the unemployment rate among Americans with a disability was 10.1% in 2021? This was almost twice the unemployment rate for people without disability at 5.1% in the same year. If you’re a disabled American, you may face discrimination when searching for a job, or even in the workplace. 

For example, 34% of respondents to a study described different forms of employment disability discrimination. Fortunately, employment discrimination based on physical or mental disability is unlawful under Ohio employment law and the Americans With Disabilities Act (ADA). 

ADA protects you from harmful treatments, and one of the ways it does this is by mandating that employers make reasonable accommodations. What are reasonable accommodations? How can they aid your work? And, perhaps most importantly, are you deserving of these accommodations? 

In this article, our Ohio employment lawyers will answer these crucial questions. 

Who Qualifies as Disabled in Ohio? 

Only disabled people are entitled to reasonable accommodations at work. Ohio employment law defines a disability as a physical or mental impairment that substantially limits one or more “major life activities.”

However, disabilities aren’t always obvious to the employer, and an employer may ask you for valid medical data for clarification. Providing medical information is crucial, because it helps determine your right to reasonable accommodations. 

In addition, “major life activities” has a broad definition — including caring for yourself, performing manual tasks, eating, sleeping, walking, standing, bending, speaking, learning, thinking, communicating, and working. If you find any of these activities challenging, you may be eligible for reasonable accommodations under the ADA. 

What Is a Reasonable Accommodation?

The ADA is a federal law defining what amounts to reasonable accommodations, and Ohio employment law recognizes and enforces this Act. Title I of the ADA defines reasonable accommodation as an adjustment or modification to a job, work environment, or hiring process. 

This adjustment helps you to:

• Participate in the application process, or 
• Perform essential job functions.

Furthermore, reasonable accommodations ensure that employees with disabilities have the same rights and privileges as other employees without disabilities. Essentially, conventional workplaces might make it difficult for you to work effectively, and reasonable accommodations exist so you can work.  

Reasonable accommodations create work environments that allow you to thrive at your place of employment. Reasonable accommodations aren’t special treatments — instead, they attempt to level the playing field for all applicants and employees. 

Categories of Reasonable Accommodations 

Generally, you can categorize reasonable accommodations into three different types. They are accommodations involving:

Job Application Processes: This requires modifying the employment application process. 

Work Environment Modification: Workspace adjustment means modifying the physical work environment to eliminate hindrances. In addition, it affects the manner and conditions under which you work.

Policy Adjustments: Some workplace policies may negatively affect disabled employees, and reasonable accommodations involve amending unfavorable policies. Furthermore, these policy adjustments ensure that all employees enjoy equal benefits and privileges. 

Examples of Reasonable Accommodations 

An employer can implement the categories of reasonable accommodations through:

• Provision of sign language experts during job interviews for deaf applicants
• Provision of braille reading aids for blind interviewees and employees
• Alternative methods of communication, including written or verbal formats
• Provision of service animals, despite a ‘no animals’ policy
• Purchase of special equipment for disabled employees
• Job reorganization
• Reassignment of tasks and responsibilities
• Modifying workspaces
• Provision of screen reader software and other helpful technology
• Regular breaks for diabetic employees for insulin and blood sugar checks

Is My Employer Required to Provide Reasonable Accommodations?

Not all business owners must create reasonable accommodations for the disabled. Instead, the ADA reserves this responsibility for organizations with 15 or more employees. Ohio employment laws may provide for accommodations for companies with 4 or more employees though. Therefore, it is important to determine the number of employees at your workplace. 

Request for Reasonable Accommodations 

Applying for reasonable accommodation is pretty straightforward. For example, your application can be:

• Written or verbal 
• Filed by you 
• Made without unique words or phrases 

The application process involves the steps below.

Disclosure Stage

The first step is notifying your employer of your disability. A disclosure should specify the disability and how it affects your work. Employers cannot act on disability notifications that don’t state their impact on your work, so initiate the process with documentation of your impairment. 

Interactive Stage

After informing your employer, they’ll invite you for an interactive session. Here, you can thoroughly discuss the contents of your notice. Furthermore, this stage involves negotiations on the accommodations you require. 

Implementation Stage

Once you agree with your employer on a reasonable accommodation, they’ll have to implement the agreed accommodation. However, the adjustments must be effective.

What if My Employer Denies My Reasonable Accommodations?

Ohio employers don’t always comply with reasonable accommodation requests. Instead, they often reject applications for various reasons. Fortunately, you can file a charge of discrimination against your employer if that happens. 

The relevant body to file the charge of discrimination is the US Equal Employment Opportunity Commission (EEOC). The EEOC administers complaints under the ADA. Conversely, you can report your employer to the Ohio Civil Rights Commission (OCRC). 

Yet again, an Ohio employment lawyer can file a lawsuit on your behalf. Because you only have 300 days to file a claim with the EEOC and 2 years to file a claim with the OCRC, make sure you reach out to an attorney as soon as possible.

Let Hux Law Firm Help You Get Reasonable Accommodations at Work

Are you an Ohio employee living with a disability? Is the impairment affecting your capacity to work? Then, it’ll be best to apply for reasonable accommodations from your employer. And if your employer denies your reasonable accommodation, call on Attorney Hux and Hux Law Firm today.