What are the steps required for an Employee to obtain a workplace accommodation under the Americans with Disabilities Act as amended (ADAAA)?

Under the Americans with Disabilities Act as amended (ADAAA), employees seeking workplace accommodations typically need to follow these steps:



1. Recognize the Need for Accommodation

• The employee should identify that they have a disability that requires accommodation to perform their job duties effectively.

2. Notify the Employer

• The employee must inform their employer about the need for an accommodation. This can be done verbally or in writing. It is not necessary to mention the ADA or use the term "reasonable accommodation."

3. Document the Disability (if requested)

• The employer may request reasonable documentation to verify the existence of a disability and the need for accommodation. The documentation should come from an appropriate healthcare professional.

4. Engage in an Interactive Process

• The employer and employee should engage in an interactive process to discuss the accommodation request. This collaborative dialogue aims to understand the employee's needs and explore possible accommodations.

5. Identify Reasonable Accommodations

• Both parties should identify potential accommodations that would enable the employee to perform essential job functions. Examples include modifying work schedules, adjusting equipment, providing interpreters, or allowing remote work.

6. Implement the Accommodation

• Once an agreement is reached, the employer should implement the accommodation in a timely manner. The effectiveness of the accommodation should be monitored and adjustments made if necessary.

7. Maintain Confidentiality

• The employer must keep all information about the employee's disability and accommodation request confidential.

8. Follow-Up

• Periodic follow-ups can ensure that the accommodation remains effective and addresses any changes in the employee's condition or job duties.

9. Address Issues or Denials

• If the accommodation request is denied, the employer should provide a clear explanation. The employee can seek further dialogue, file a grievance, or contact the Equal Employment Opportunity Commission (EEOC) if they believe their rights under the ADA have been violated.

Summary

1. Recognize the need for accommodation
2. Notify the employer
3. Provide documentation (if requested)
4. Engage in an interactive process
5. Identify reasonable accommodations
6. Implement the accommodation
7. Maintain confidentiality
8. Follow-up
9. Address issues or denials

These steps aim to ensure that employees with disabilities can perform their job duties effectively and are provided with equal opportunities in the workplace. Contact The Justice Law Firm, LLC for a FREE consultation.