Sample Accommodation Process

Introduction

The Americans with Disabilities Act (ADA) requires covered employers to provide effective, reasonable accommodations for qualified individuals with disabilities. To help determine effective accommodations, the U.S. Equal Employment Opportunity Commission (EEOC) recommends that employers use an "interactive process," which simply means that employers and employees with disabilities who request accommodations work together to come up with accommodations.

Successfully handling a request for accommodation requires a clear, consistent accommodation process. The ADA doesn't mandate a specific process, but the EEOC and the Job Accommodation Network (JAN) suggest using a structured approach centered on communication and flexibility. In many instances, the appropriate accommodation is obvious and therefore it is not necessary to go through a formal step-by-step process. When an accommodation is not obvious, an appropriate accommodation is best determined through a flexible process. The EEOC recommends that employers:

• Analyze the job involved and determine its purpose and essential functions.
• Consult with the individual requesting accommodation to ascertain the precise job-related limitations imposed by their disability and how those limitations could be overcome with a reasonable accommodation.
• Identify potential accommodations and assess the effectiveness each would have in enabling the individual to perform the essential functions of the job.
• Consider the individual's accommodation preference and select and implement the accommodation that is most appropriate for both the employee and the employer.

Below is a sample accommodation process that includes practical guidance and tools. Please note that this is a general example and may not reflect your organization’s preferred process. Before following this sample accommodation process, review your organization's formal policies and standard procedures.

Step 1: Recognize the Accommodation Request

The accommodation process is typically initiated by a request from an employee with a disability and it is vital that employers recognize when a request is being made.

According to the EEOC, individuals do not need to use legal terms or mention the ADA when requesting an accommodation. The individual can simply state the need for a change due to a health condition or disability.

When an applicant or employee expresses difficulty on-the-job related to a health condition or disability, the employer should assess whether it constitutes a request for accommodation under the ADA.

Examples:

• "The side effects of my medication are making it hard for me to focus."
• "I'll need to take six weeks off for medical treatment related to my back."
• "I'd like to adjust my schedule so I can attend regular counseling sessions."
• "My current desk isn't accessible for my wheelchair."

Practical Guidance: 

• Err on the side of caution: If the employer is not sure whether an employee has requested an accommodation, they may ask the employee to clarify what is being requested and why.
• Act quickly: Employers should respond without delay once an accommodation request is identified. According to the EEOC, unnecessary delays in processing an accommodation request can violate the ADA (EEOC, 2002).
• Assign responsibility: Assign a specific individual or team to oversee the processing of accommodation requests to ensure timely and effective handling, and to prevent requests from being overlooked or delayed.
• Conduct training: Ensure that all managers and supervisors are trained to identify accommodation requests and understand the appropriate procedures for responding to and handling such requests.

Refer to the JAN resource Recognizing an Accommodation Request Under the ADA for strategies to help identify and respond to accommodation requests.

JAN's Sample Accommodation Request for Employers is a useful resource to clarify and document employee accommodation requests. It includes sections to identify the accommodation being requested, document the reason for the request, and capture any additional information that may assist in processing the request.

Step 2: Begin the Accommodation Process

Once an accommodation request is made, begin a conversation with the employee and remember to engage in active listening, work collaboratively, identify common ground, and demonstrate mutual respect. The process may involve:

• Discussing the nature of the disability and any difficulty the individual is having,
• Identifying limitations affecting job performance,
• Clarifying the essential functions of the job, and
• Exploring potential accommodations.

This process need not be formal or complex. It can be flexible and often involves understanding the employee's functional limitations, job duties, and accommodation needs—and then working together to explore solutions. Maintaining open, respectful, and timely communication is key. 

While employees often propose specific accommodations, both parties are encouraged to suggest potential solutions. Employers can provide employees with an opportunity to share relevant information, while avoiding unnecessary requests for detailed medical information. However, gathering additional information about the employee’s health condition and limitations may be necessary as part of the accommodation process.

Step 3: Request Information 

Employers may gather the information necessary to evaluate and process an accommodation request. This may include documentation of the individual's disability and need for accommodation. According to the EEOC, an employer may ask an employee for reasonable documentation about their disability and functional limitations when the disability and/or the need for accommodation is not obvious. Reasonable documentation means that the employer may require only the documentation that is needed to establish that a person has an ADA disability, and that the disability necessitates an accommodation. An employer cannot ask for documentation when: (1) both the disability and the need for reasonable accommodation are obvious, or (2) the individual has already provided the employer with sufficient information to substantiate that they have an ADA disability and needs the reasonable accommodation requested (EEOC, 2002).

If the disability or need for accommodation is not known or obvious, the employer may request medical information to:

• Confirm the existence of a covered disability,
• Understand the functional limitations, and
• Understand the need for accommodation.

The employee requesting the accommodation is often the best source of information about their disability and potential accommodations. When an employee is unable to provide sufficient information, it may be appropriate to seek medical documentation. Employers should be careful not to request more information than necessary.

To determine whether an employee has a disability under the ADA, an employer may request medical documentation from an appropriate health care or rehabilitation professional. According to the EEOC, appropriate professionals include, but are not limited to, doctors (including psychiatrists), psychologists, nurses, physical therapists, occupational therapists, speech therapists, vocational rehabilitation specialists, and licensed mental health professionals. Refer to the JAN resource Who Can Provide Medical Documentation for ADA Purposes?.

Practical Guidance:

• Identify the limitation and associated difficulty. To determine effective accommodations, employers typically need to understand which limitation is creating a specific barrier.
• Request information directly from the employee when possible. Employees with disabilities are typically familiar with their limitations and often know what accommodations will work best for them.
• Follow ADA rules for medical inquiries. A good policy for employers is to only ask for information that is necessary. Broad requests for complete medical records will rarely, if ever, meet this test. 

JAN provides practical guidance on medical inquiries and the ADA, including the following resources:

• To Ask, or Not to Ask? (when to request medical documentation)
• Medical Inquiry in Response to an Accommodation Request (how much documentation can be required to support an accommodation request)
• A Flexible Approach to ADA Medical Documentation (options when an employee has difficulty getting medical documentation)
• Avoiding "The Waiting Place" After Requesting Medical Information (how to avoid delays in getting medical documentation)
• Recertifying the Ongoing Need for Accommodation (when it’s appropriate to ask for updated medical documentation to support an existing accommodation)

Confidentiality of Medical Information

The ADA requires that all medical information—regardless of how it's obtained—be kept confidential, stored separately from personnel files, and accessible only to authorized personnel (e.g., human resources professionals, reasonable accommodation coordinators, etc.). The EEOC allows limited exceptions:

• Supervisors/managers may be informed of necessary work restrictions or accommodations.
• First aid/safety personnel may be told if emergency treatment or special procedures are needed.
• Government officials may access information when investigating ADA compliance.
• State workers' compensation offices/second injury funds may receive relevant data per state laws.
• Insurance providers may be given information if a medical examination is required for coverage.

In some cases, supervisors may need to know the nature of a disability to implement accommodations; consult the employee before sharing such details. Often, only the accommodation(s)—not the specific medical diagnosis—is necessary for the supervisor to know. For more information, refer to the EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees under the ADA.

Step 4: Explore and Choose Accommodations

Once the employer understands the employee's limitation and the related workplace issue, it's time to explore accommodation options. Employers should be open to creative solutions and start by inviting the employee to suggest ideas. If more input is needed, the employee’s health care provider or other appropriate professional (e.g., vocational rehabilitation counselor, licensed professional counselor, etc.) may offer suggestions or confirm whether proposed accommodations would be effective. Employers can also consult outside resources like JAN, vocational rehabilitation services, assistive technology experts, and disability-related organizations. However, remember to ensure confidentiality by omitting the employee's name and identifying details. Drawing from these resources, employers can suggest alternative accommodations that enable the employee to fulfill the critical elements of the job.

When exploring accommodations, evaluate all potential accommodations and consider:

• The employee's preferences,
• Effectiveness of the accommodation,
• Feasibility and cost, and
• Impact on operations.

Practical Guidance:

• Stay open-minded. Accommodations often involve doing things differently to address disability-related limitations.
• Invite the employee to suggest accommodations. They may have helpful ideas but are hesitant to share them without being asked.
• Consult the employee's health care provider or other appropriate professional for input. Some providers may help generate accommodation ideas collaboratively with employers.
• Don't hesitate to use the JAN service. It’s a free, nationwide resource specifically designed to help employers and others find accommodation solutions.

After exploring accommodation options, the employer may choose the accommodation(s) to implement. According to the EEOC, while employee preference should be considered, the employer may choose any effective option, including the most cost-effective one. Consider alternative effective accommodations if the employee's preferred option causes undue hardship. Offering an alternative effective accommodation to the employee is not a denial of the employee's request for reasonable accommodation. Refer to question 9 in the EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA.

If unsure about an accommodation's effectiveness, employers can test it for a trial period without being locked in. Trial accommodations can help evaluate an accommodation's effectiveness, bridge delays in securing permanent solutions, or address short-term needs. Providing temporary accommodations—even beyond ADA requirements—demonstrates good faith and might be valuable when time is needed to implement a permanent solution. Temporary accommodations are also a tool for retaining employees by addressing serious short-term impairments, helping navigate temporary workplace challenges, and providing support without creating long-term hardship for the employer.

A written agreement outlining a temporary accommodation or trial period and next steps if it doesn’t work can help manage accommodation expectations and ensure clarity. Refer to the JAN resource Temporary or Trial Accommodations and a sample template for documenting trial and temporary accommodations.

Step 5: Implement Accommodations

Once an accommodation is chosen, proper implementation is key. This may involve purchasing products or installing equipment, providing training to ensure effective use, modifying the employee’s work schedule, adjusting relevant policies and informing appropriate personnel, coordinating services, or reassigning the employee and offering support as needed. According to the EEOC, employers should act promptly to provide the accommodation, as unnecessary delays can result in a violation of the ADA (EEOC, 2002).

Practical Guidance:

• Ensure the accommodation is fully implemented. One effective approach is to simply follow up with the employee and confirm the accommodation is working as intended.
• Share accommodation details with essential personnel only when needed, keeping ADA confidentiality rules in mind. Limit accommodation information to managers or supervisors who must be involved in implementation, reserving specific medical information (e.g., diagnosis).
• Establish a point of contact responsible for monitoring accommodations. Employers should provide an assigned point of contact to encourage employees to communicate any issues they have with their accommodations.

Step 6: Monitor Accommodations

Accommodations must effectively meet the individual's needs by enabling them to perform the essential functions of the job or access equal benefits and privileges of employment. Accommodations may lose effectiveness due to changes in an employee’s health condition, job duties, workplace, or equipment. Changes sometimes occur and employers may need to periodically monitor the ongoing effectiveness of accommodations to ensure they do not become an undue hardship.

After implementation, ensure the accommodation is effective, monitor for changes in performance or needs, and return to the accommodation process when it's necessary to explore alternative accommodation solutions. There is no one-size-fits-all approach for monitoring accommodations. Accommodations should generally be reviewed:

• Periodically (e.g., annually or during performance reviews),
• When workplace conditions change (e.g., new equipment, policies, or job duties),
• When the employee's health condition changes,
• If performance issues arise and there is a connection to the employee's health condition, or
• When the employee requests a reassessment.

Regular, proactive check-ins—paired with open communication—help ensure accommodations remain effective and appropriate over time. Using a checklist or customizable form can help guide and document the process. JAN offers a resource, intended as a general guide—not legal advice. Refer to the JAN Sample Form for Monitoring Accommodations.

Practical Guidance:

• Evaluate effectiveness regularly. As workplace conditions evolve, accommodations may need adjustment, so employers should periodically review their effectiveness.
• Ensure ongoing maintenance. When accommodations involve equipment, employers must ensure the equipment is properly maintained and/or updated to prevent breakdowns and support continued effectiveness.
• Promote open communication. Just like with any workplace issue, ongoing dialogue is essential for successful accommodations. Employees should feel comfortable reporting any accommodation issues or changes.
• Limit medical inquiries. While monitoring accommodations, focus questions on the accommodation's effectiveness, not the employee's medical condition. Refer to Medical Exams and Inquiries for practical guidance on disability-related inquiries and the ADA
• Document outcomes. Note whether the accommodation is still effective. If adjustments are needed, document the steps taken to explore, choose, and implement changes.

The Accommodation Process Quick Reference Checklist is a quick reference guide to help employers effectively respond to and manage employee accommodation requests under the ADA. It outlines key accommodation process actions, from recognizing the accommodation request, to requesting information, and exploring, implementing, and monitoring accommodations.

Document the Accommodation Process

Documentation helps employers maintain consistency, demonstrate good-faith efforts, and ensure continuity when roles, needs, or personnel change. It also protects both the employer and employee by creating a transparent, verifiable record of the accommodation process. Practical guidance on documenting the accommodation process can be found in the Documenting the Accommodation Process section of the Workplace Accommodation Toolkit, which includes a sample Accommodation Process Documentation Log.