Washington state enterprise reasonable accommodation procedures
A reasonable accommodation is any change in the work environment or in the way things are usually done that enables an individual with a disability to participate in the application process, to perform the essential functions (or fundamental duties) of a job, or to enjoy equal benefits and privileges of employment that are available to individuals without disabilities. Accommodations help agencies not only hire new workers with disabilities, but also keep workers who may become disabled.
Notify employees
Employers covered by the Americans with Disabilities Act (ADA) are required to post notices describing the employment provisions of the ADA and the agency should maintain internal procedures for addressing related requests for reasonable accommodation. Since employees may not be aware of who to contact for reasonable accommodations, the information should be shared either in as part of position descriptions, the onboarding process It is advisable for employers to have a process in place for facilitating accommodation requests or employee intranet sites for example.
Facilitate requests
If an individual with a disability seeks an accommodation, generally he or she is responsible for informing the employer of the need. The accommodation request does not need to be in writing, though it is an encouraged best practice. Employees should feel free to request an accommodation any time the job or disability necessities the need.
Determining if the employee meets the eligibility
Employees must meet the “Definition of Disability” under state or federal statutes and is thereby eligible to request reasonable accommodations. Information obtained under a disability-related for reasonable accommodation should be collected and maintained on separate forms and in separate files and treated as a confidential medical record. Disclosure of confidential records is restricted. Information concerning an employee’s disability cannot be in in personnel files.
Analyze jobs
To facilitate the accommodation process, it is prudent for employers to develop and maintain a detailed description for each job that lists its essential functions and duties. Such descriptions should focus on a job, not a person. For example, a warehouse position may require that boxes be stacked on shelves. The essential function of this job is that boxes be stacked, not that a person lift boxes. Essential functions may include:
- Specific tasks and assigned to a apposition
- Administrative requirements, such as working hours or location, tools and equipment necessary for successful job performance
- Physical and cognitive requirements, such as lifting or handling multiple priorities
- Productive requirements that include timelines, processes, quality or quantity, health and safety requirements mandated under state/federal occupational statutes.
- Workplace conduct requirements.
When developing job descriptions, take into consideration all aspects of a job. If there are essential functions of the job, they should be included in the job description.
Identify functional limitations
If reasonable accommodations are needed to perform essential job functions, the employer and employee should discuss the employee's functional limitations and determine where they intersect with his or her duties. Always focus on the employees’ essential job tasks and the physical functions necessary to complete them, not on his or her disability.
Determine reasonable solutions
The ADA requires employers to provide reasonable accommodations for qualified applicants or employees with disabilities unless doing so would cause undue hardship. Undue hardship refers not only to financial difficulty, but also to accommodations that are unduly extensive or disruptive or would fundamentally alter the nature or operation of the business.
Determination of undue hardship takes into account the nature and cost of the accommodation, the business's overall financial resources, the number of persons it employs and the accommodation's impact on the business and its expenses and resources. When cost is a concern, an employer should explore whether funding is available from an outside source, such as a state rehabilitation agency.
Make the accommodation
An agency has the final say on which accommodation is implemented, based on factors such as cost, effectiveness, and business feasibility. However, accommodations work best when both the agency and employee participate in the process and the employee's needs and preferences have been taken into consideration in making the decision.
Monitor effectiveness
Not all accommodations produce the desired outcome. If the accommodation is not working, the employer and employee should start the process again.
Like most sound management practices, the accommodation process is enhanced by collaboration. Moreover, by requiring employers and employees to work together and think creatively about how various tasks are accomplished, it may help uncover strategies that lead to a more positive and productive workplace for all employees.
