A reasonable accommodation is any change to a job, the work environment, or how things are normally done in the workplace to enable employees or applicants to have an equal opportunity of successfully performing their position’s duties or getting a job. The number of employees requesting reasonable accommodation has been rising in recent years, so to avoid costly litigation and liability, it’s important for employers to understand this legal obligation fully and continually update their workforce compliance policies.
Here is where reasonable accommodation rights commonly come into play for employees:
Disability Accommodations
Under the Americans with Disabilities Act and the laws of most states, covered employers must provide reasonable accommodations to qualified individuals with a disability to help them apply for a position, perform the essential functions of their job, and enjoy equal benefits and privileges of employment. Reasonable accommodation examples include unpaid leaves, part-time or modified work schedules, facility enhancements, modifying equipment, ensuring computer software is accessible, adjusting policies, tests, training materials, and providing readers and interpreters.
A collaborative dialogue, also known as the interactive process, must take place between the employer and an employee with a disability to determine if reasonable accommodation is needed and, if it is, what accommodation should be granted. Accommodation need not be provided if it creates undue hardship for the employer (e.g., a significant difficulty or expense).
Pregnancy Accommodations
The federal Pregnant Workers Fairness Act and a growing number of state and city laws require covered employers to grant reasonable accommodation for a qualified employee’s or applicant’s known limitations relating to, arising out of, or affected by pregnancy, childbirth, or related medical conditions. Examples of possible reasonable accommodations for pregnancy include leave for doctor appointments and medical treatment, changing a work schedule, additional or longer breaks to eat, drink, rest, or use the restroom, temporary reassignment, telework, or light duty work. An employer does not have to provide reasonable accommodation for pregnancy and related conditions if it causes the employer undue hardship.
Religious Accommodations
Federal law prohibits employment discrimination based on an employee’s or applicant’s religion, including failing to accommodate their sincerely held religious beliefs or practices unless the accommodation imposes undue hardship on the employer. “Religion” is broadly defined to encompass traditional religions such as Christianity, Judaism, Islam, and less common or newly formed religions. Religious practices may be held by an employee even if they are not consistently observed or are different from the commonly followed beliefs of the employee’s religion.
Religious accommodation examples include excluding an employee from the company’s grooming and dress code requirements, a schedule change to attend church services, providing an employee with a day off on the sabbath, or excusing an atheist employee from a religious invocation at the start of a company meeting.
Courts and government agencies increasingly require employers to accommodate the disabilities, pregnancies, and religious beliefs of their workers. Consequently, employers should review and, if necessary, revise their policies to maintain compliance with expanding employee accommodation rights. Implementing employee management software can help your organization track accommodation requests and maintain documentation. Using software to automate the review of compliance policies can help your organization adhere to these laws and create a more inclusive work environment.
See how employee management software can be tailored to your organization’s workforce compliance needs.
