Job offers and employee retention should come down to qualifications, not physical barriers or outdated policies and practices. Yet in many workplaces, the structure of a job (or the way the hiring process is set up) can shut out professionals with disabilities before they ever get a fair shot. Sometimes the office layout makes it difficult to navigate. Other times, required tasks don’t account for tools that would make the job accessible. These situations raise legal questions about what employers must do to provide equal opportunity through reasonable accommodations.
How Are Reasonable Accommodations Defined?
Federal law (specifically the Americans with Disabilities Act) gives workers with disabilities the right to changes that make their job or the application process more accessible. These changes are known as reasonable accommodations. The goal is to provide access, whether someone is applying for a job, performing the essential tasks required for their role, or taking part in benefits and programs offered to employees.
Accommodations may involve physical adjustments, such as installing a ramp or widening a doorway. It could even be as simple as providing a chair to a role that usually stands but does not need to. Others include updates to technology, such as speech-to-text software or captioning during video meetings. Many workplaces offer modified schedules, changes in shift times, or permission to work remotely when the role allows for it. Sometimes a policy needs to be adjusted, allowing someone to use a service animal in the office, for example, or granting time off for medical appointments without penalty.
There’s no single list of required changes. What matters is whether a particular modification helps a qualified individual access the same work opportunities as their peers. These accommodations are tailored to the role and the employee’s needs, often involving only modest adjustments.
What Businesses Are Subject to These Requirements?
Most employers with 15 or more employees are required to follow federal disability accommodation rules. This includes both public and private employers, staffing agencies, and labor unions. It doesn’t matter how long the company has been in business or whether the employee works on-site or remotely.
Certain entities are exempt. Religious institutions and private membership clubs that are not open to the public are not held to these standards. Very small businesses (those with 14 or fewer employees) are not required under federal law to provide accommodations, although they may have obligations under state or local law. California, for instance, has its own laws that sometimes go further than federal rules. The Fair Employment and Housing Act (FEHA) provides protections for workers at all businesses with five or more employees.
Even when not required by statute, many businesses voluntarily provide accommodations as a matter of good policy and employee support. However, once a business meets the size threshold, compliance is immediately required.
What Is an Undue Hardship on the Business?
Employers are not expected to make changes that would cause significant strain on their operations or finances. The law refers to this concept as an undue hardship. Each request is assessed based on the employer’s size, financial resources, and overall structure.
An employer may argue that a particular accommodation isn’t possible due to cost, difficulty, or disruption. However, this argument must be supported by facts, not assumptions. A large corporation with extensive resources will have a different threshold than a small, local company. Decision-makers need to take a careful look at the actual impact rather than relying on discomfort or unfamiliarity with the request.
Often, the solution involves simple adjustments that cost little or nothing. Communication and planning are key. Many accommodations lead to improvements that benefit others in the workplace, not just the person requesting the change.
Lawyers for Workers Restoring Dignity for All
Employees deserve a workplace that recognizes their ability, not one that focuses on limitations. When employers fall short, the law offers a way to enforce fairness. Brandon Banks Law provides tailored legal solutions for workers whose rights have been overlooked. Fill out our employment law intake form to get started.
The information contained in this blog and on this website is only intended for educational purposes and should not be considered legal advice. You should consult with an attorney before acting on information you read online.
