ADA reasonable (non-leave) accommodations guide and checklist

Though ADA and PWFA leave accommodation requests can be processed in Cocoon, that’s only part of the puzzle for employees and employers to navigate as there are also non-leave accommodations (think modified work schedules, installing a ramp or modifying a workspace, and more). What counts as a reasonable non-leave accommodation will differ across industries, companies, and employees based on jobs, departments, timing, and other operational circumstances. What doesn’t change is the need for People Ops and HR teams to have a fair and consistent way to evaluate these requests. That’s why we’ve created an ADA non-leave reasonable accommodations guide and checklist, defining common terms, answering FAQs, and giving you the foundation for your own internal evaluation process when an accommodation request arises. For ADA leave accommodations, check out our webinar and recap blog.

When and why must employers consider reasonable accommodations?

Not everyone can perform the full extent of their job’s duties for a multitude of reasons. But when this is the case due to a disability recognized by the Americans with Disabilities Act (ADA) or a pregnancy-related condition under the Pregnant Workers Fairness Act (PWFA), businesses with more than 15 employees are legally required to consider and provide reasonable accommodations for qualified employees, unless doing so poses an undue hardship. Some state and local laws have even lower thresholds (e.g., they apply to employers with at least three employees and sometimes as low as just one employee). In other words: you don’t want to get this wrong because it likely applies to you.

Though this may entail making some changes or getting creative on the employer’s end, by supporting and enabling these employees to work with reasonable accommodations rather than excluding them, more employment opportunities exist and businesses experience less interruptions—ultimately benefiting workers and employers in the long run. The key is to find a reasonable solution for both parties.

What is a reasonable accommodation? 

Under the Americans with Disabilities Act, a reasonable accommodation is “a modification or adjustment to a job, the work environment, or the hiring process. These modifications enable an individual with a disability to have an equal opportunity to get a job, successfully perform their job tasks, and enjoy the benefits and privileges of employment to the same extent as people without disabilities.” Though there isn’t an official list of what a reasonable accommodation would be (each case is unique), below we offer an extensive list of examples based on regulations and guidance the Equal Employment Opportunity Commission (EEOC) has provided under the ADA and PWFA. 

The EEOC takes the position that any accommodation is reasonable unless it poses undue hardship for the employer.

Reasonable accommodations examples

Modifying facilities and equipment

1. Changing the workspace layout (could be as simple as moving desks, avoiding stairs)
2. Installing a ramp or modifying a restroom 
3. Implementing accessible or assistive materials, technologies, etc. (e.g., screen readers, teleconferencing with live captioning, materials in Braille or large print, sign language interpreters, accessible software platforms)
4. Implementing or modifying equipment and uniforms (including equipment that assists with lifting or carrying)
5. Providing seating or allowing for standing, to work without increased pain or risk to health (e.g., providing a sit/stand desk)
6. Providing a reserved parking space

Modified work conditions, schedule, or location

1. Part-time or modified work schedules (e.g., scheduling around medical appointments)
2. Telework, remote work, or change of work site 
3. Policies allowing service animals at the facilities
4. Permitting the use of paid leave (whether accrued, as part of a short-term disability program, or any other employer benefit) or providing unpaid leave
5. Lactation, pumping, and breastfeeding accommodations including: some text
   1. Breaks and space for lactation near the workstation (as required under the PUMP Act).
   2. The pumping area is a regularly cleaned facility with electricity, seating, private, and not a bathroom. It should be in reasonable proximity to a sink, running water, and a refrigerator for storing milk.
   3. The ability to nurse during work hours (if the child is in close proximity.)

Changing the scope of the job

1. Job restructuring
2. Taking on a temporary role they are able to perform
3. Reassignment to a vacant position
4. (PWFA only) Temporary suspension of essential job function(s) until the pregnant worker is able to perform them again.

The hiring process

1. Make the application process accessible by following Web Content Accessibility Guidelines (WCAG) standards.
2. Offer various application and interview formats (video conferencing with captions, phone interviews with sign language interpreters). 
3. Make each candidate feel safe and comfortable to request accommodations.

Providing equal privileges of employment to all

1. Offer inclusive benefits (e.g., commuter benefits that support wheelchair-accessible transit; gym or fitness course stipends are applicable, ensure all employees can fully participate in company offsites, etc.).
2. Offer accessible trainings and workshops even if they are optional (e.g., translate materials into Braille, provide an interpreter).

The Equal Employment Opportunity Commission (EEOC)—who enforces the ADA and Pregnant Workers Fairness Act (PWFA)—takes the position that any accommodation is reasonable unless it poses undue hardship for the employer. For more technical resources and examples of reasonable accommodations, we recommend checking out the Job Accommodation Network (JAN)—a very comprehensive resource that’s even cited in the ADA.

What is undue hardship?

An undue hardship is a significant difficulty or expense, meaning an accommodation is extremely difficult to provide, given a company’s resources. Keep in mind that proving economic hardship requires employers to readily demonstrate their financial situation and potentially disclose their financials and internal policies in litigation or court should it get to that point. In determining whether an accommodation would impose an undue hardship, employers can consider:

• The nature and net cost of the accommodation, the effect on expenses and resources
• The number of employees, the number, type, and location of its facilities
• The type of operations conducted and functions of the workforce
• The impact upon the operation of the facility, other employees’ ability to perform their duties, and the ability to conduct business

For example, after exhausting all paid and unpaid leave due to a spinal injury, a bus driver requested an additional six weeks of unpaid leave to recover from a surgery related to the injury. Their employer denied the accommodation on the basis that they could not leave the role vacant as it would negatively affect commuters on that route; hiring and training a new employee to cover only six weeks was not realistic; and asking other employees to cover the work would be too costly in overtime. The employer won the case.

ADA reasonable accommodation checklist

Step 1: Recognize the request

There are no magic words or special processes required under the law—an employee may simply say they need something to help them work because of a medical or pregnancy-related condition. Here are examples for pregnancy alone:

• An employee mentions that their morning sickness is making it hard to get to work at their scheduled starting time.
• An employee who gave birth 3 months ago requests an hour a week to attend treatments to help with a back problem that began during pregnancy.
• An employee goes to HR because they are concerned that continuing to lift heavy boxes will harm their pregnancy.
• An employee hasn’t filled out an accommodation form, but explains to her manager that her more frequent bathroom breaks are the result of her pregnancy.
• An employee tells a supervisor that she needs time off to recover from childbirth.

The request can be very informal, which is why it’s important to train managers to recognize when a request is on the table and the obligations that may ensue. 

Step 2: Begin the interactive process

The initial request triggers the “interactive process,” which is a documented series of communications that explore or brainstorm accommodations. This documented process is critical for compliance. If any legal disputes arise, the interactive process will be examined closely to determine liability. Having reasonable accommodations policies, forms, and processes (and implementing them in a leave management system like Cocoon that can streamline the process for both employees and employers) helps operationalize and document the process. It also helps employees understand what their rights are and help them follow a process they are unfamiliar with.

In some places like California, failure to engage in the interactive process is illegal, even if there is no reasonable accommodation. 

Step 3: Explore reasonable accommodation ideas, gather information

Start off by asking an employee themselves to suggest accommodations. If you need the employee to provide more information or documentation, you can also request that to help you understand the extent of their condition and solicit their healthcare provider for suggestions.

Meanwhile, start documenting things like the essential job functions and responsibilities of the employee’s role, a list of prior accommodations provided for the employee or others. Explain that the accommodation should help the employee successfully perform their essential job functions.

Step 4: Give your initial assessment and obtain additional feedback

Your response might be a simple yes or entail negotiating, making a compromise, or exploring an interim solution. At the end of the day, employers should give primary consideration to the accommodation desired by an employee (or recommended by their healthcare provider). Many times, the accommodations are affordable and reasonable. Focusing on accommodations that make continued work possible can prevent the need for leave or the employee leaving the workforce altogether. If you are denying the request, you should be prepared to demonstrate undue hardship. 

Step 5: Implement the accommodation

If you are able to make the reasonable accommodation and have completed your discussions with the employee, now you’re ready to implement it. Depending on the type of accommodation, this could mean purchasing new equipment, construction on or modification of a facility, or announcing schedule changes to the team. At this stage, you also need to work out how you will communicate with other employees who have a business need to know about the accommodation (while complying with confidentiality obligations) so they know how it might impact them or their work, or other changes that might be coming. Discuss this directly with the employee requesting an accommodation to ensure they understand the efforts you are taking to protect their privacy while also not springing a surprise on other employees who have a business need to be aware of the accommodation. 

The bottom line

This guide to reasonable non-leave accommodations for ADA and PWFA is just a start. When businesses and employees can reasonably explore, request, and provide reasonable accommodations, they strike the balance of support and empowerment, keeping businesses running, and employees employed—a win, win for all.