Navigating the World of Work Accommodations

Soon after I was diagnosed with multiple sclerosis, after the initial shock and fear had somewhat quieted down, one of the questions that crossed my mind was – how does this impact my career? What do I do now? The words “disclosure” and “accommodations” and “protections” took on new meanings – and I wasn’t sure how to start to unpack these terms.

KB: What is the definition of an accommodation related to someone’s employment?

Benita: The Americans with Disabilities Act (ADA) of 1990 requires employers with at least 15 employees to provide “reasonable accommodations” to qualified employees with disabilities. A qualified employee is one who can perform the essential functions of their job with or without “reasonable accommodations.”

KB: What is an accommodation? Can you share examples?

Benita: An accommodation related to employment is something that can assist the employee with performing the essential functions of their job. An accommodation is “reasonable” so long as it does not pose an undue hardship to the employer. For example, reduced hours or flexible hours to accommodate medical appointments sound reasonable in theory, however, if such an accommodation could result in coverage issues such that there would not be enough workers, that would be an undue hardship to the employer and therefore unreasonable.

Another example of a common accommodation many employees seek is ergonomic equipment such as an office chair, keyboard, or standing desk. While it may be a reasonable accommodation, if the cost of a particular model or brand poses an undue hardship to the employer, then the employer is not required to pay for a cost prohibitive equipment and can pay (or reimburse) the employee for an equivalent item that is less expensive.

Extra breaks, special lighting, headphones, remote work and extended deadlines are other types of accommodations that employees may seek.

KB: If you have a disability, do you have to disclose it to your employer?

Benita: The ADA does NOT require employees to disclose their disability prior to being hired nor are employers permitted to ask employees to disclose their disability. However, in order to receive reasonable accommodations, the employer must be on notice that the employee has a disability and needs to be reasonably accommodated.

Best practice is for employees to wait until after accepting the job offer to request reasonable accommodations. Typically, a company’s HR department will have a form for the employee to fill out and submit along with medical documentation such as a letter from their medical provider. For the employee-patient, a best practice is to write the letter for their provider including a list of accommodations they are seeking such as breaks, remote work, flexible scheduling, any equipment they might need, etc. To reiterate, employees are not required to disclose the name of their chronic illnesses or disability.

KB: How does ADA protect people with disabilities when it comes to work?

Benita: Under the ADAAA (Amendments) the definition of disability (physical or mental impairment that substantially impacts major life activity) was expanded to include a broader range of medical conditions to now include visible and invisible disabilities.

The ADA protects people with disabilities in the workplace by prohibiting discrimination based on perceived or actual disability, requiring covered entities (organizations with at least 15 employees) to provide reasonable accommodations and access. For example, promotions cannot be denied to employees with disabilities or perceived disabilities due to their disability.

KB: When applying for a job, what are the benefits of voluntarily disclosing a disability?

Benita: The benefit of voluntarily disclosing a disability is that many companies, such as government contractors and the federal government, have quotas they are trying to meet to increase the number of workers with disabilities in their organizations. By self-identifying as a person with a disability, a candidate could increase their chances of getting hired.

The federal government has a program called Schedule A, which allows qualified candidates with disabilities to apply for positions in a separate hiring track. Candidates must still qualify on the merits. Companies in the private sector also receive tax breaks for hiring workers with disabilities. Thus, it can actually be beneficial to self-identify as a person with a disability.

Thank you, Benita!

Readers, if you have any other questions related to disclosing a disability at work and how you might be protected, please reach out, and we’ll cover those questions in another article!

About Benita

Benita Talati is an attorney with a background in personal injury, mass tort, and employment law. She is currently a Senior Law Clerk Lead processing FOIA requests as a contractor for a federal government agency. She is an active member of the New Jersey State Bar Association and serves on the well-being and women in the profession committees. She is also a member of the New Jersey Women Lawyers Association. Ms. Talati is also a patient advocate and regularly lobbies for legislation for patients with rare diseases.

When she is not working, she enjoys baking, working out, reading, the arts and inspiring others. She is a patient advocate for patients living with rare diseases and chronic pain and created the Facebook page Patiently Resilient to help people living with chronic pain or illness develop more resilience and cope with their challenges.