Recognizing an Accommodation Request

Overview
Employees and applicants do not have to use legal terms to request an ADA accommodation. They do not need to say “ADA,” “disability,” or “reasonable accommodation.” A request may be made in ordinary language when a person communicates that a medical condition is creating a work-related limitation and that a change, adjustment, or assistance is needed.

Supervisors should address observed performance, attendance, conduct, or safety concerns in a neutral and consistent manner. They should not diagnose, speculate about a medical condition, or ask an employee whether the employee has a disability. When an employee identifies a medical condition, describes a work-related limitation, or asks for a change because of a condition, the supervisor should treat the communication as a possible accommodation request and promptly involve HR.

How employees may ask for help
An employee or applicant may request accommodation verbally, in writing, through a family member or other representative, or through another person acting on the individual’s behalf. No particular form, legal language, or written request is required to begin the process.

The employee generally must communicate that:

• A medical condition, impairment, or disability is affecting work, the application process, or access to an employment benefit; and
• A workplace change, adjustment, assistance, or accommodation is needed because of that condition.

The employee does not have to disclose a diagnosis in the initial request or identify the precise accommodation needed. The city may seek reasonable documentation later when the disability, limitation, or need for accommodation is not obvious and documentation is job-related and necessary to evaluate the request.

For example:

“I am having trouble hearing customers because of hearing loss related to medical treatment. Is there a way to adjust my phone or workstation so I can perform this part of my job?”

That statement is sufficient to alert the city to a possible need for accommodation. The supervisor should not decide whether the employee is legally “disabled.” Instead, the supervisor should notify HR and begin the appropriate internal process.

Other examples that may trigger the process include:

• “My medical treatment makes it difficult for me to start work at 8:00 a.m. on certain days. Can we discuss a schedule adjustment?”
• “Because of a medical condition, I need more frequent restroom breaks.”
• “My medication is making it difficult to work under the current lighting. Can we discuss an adjustment?”
• “I am having trouble lifting equipment because of a medical issue. What can we do?”
• “My doctor has placed temporary restrictions on me. I need to discuss how I can continue working.”

What supervisors should do
When an employee raises a possible disability-related need for a workplace adjustment, the supervisor should:

• Listen and acknowledge the request without making assumptions about the employee’s condition.
• Ask limited, work-focused questions, such as: “What work task or workplace barrier is affected?” and “What change do you believe would help you perform the job?”
• Focus on the employee’s functional limitation and the relevant job duties, rather than seeking a diagnosis or complete medical history.
• Promptly document the date, basic nature, and source of the request.
• Send the request to the city’s designated HR representative, ADA coordinator, leave administrator, or other authorized official.
• Continue normal performance management, attendance management, and conduct expectations unless HR directs otherwise.
• Maintain confidentiality and share information only with officials who have a legitimate need to know.

A direct supervisor should not independently decide whether the employee has an ADA disability, whether medical documentation is needed, whether an accommodation is legally required, or whether a proposed accommodation creates undue hardship. Those decisions should be made through the city’s established HR and legal-review process.

What supervisors should not do
Supervisors should not:

• Require an employee to use the words “ADA,” “reasonable accommodation,” or “disability.”
• Ignore an informal statement because it was not written or submitted on a city form.
• Ask the employee, “Do you have a disability?” based only on poor performance, attendance concerns, unusual behavior, or appearance.
• Demand a diagnosis, medical records, or a detailed medical history.
• Promise, deny, or delay an accommodation before consulting HR.
• Treat an employee adversely because the employee made an accommodation request, disclosed a medical condition, or submitted medical restrictions.
• Discuss the employee’s medical information or accommodation request with coworkers who do not have a legitimate business need to know.

The city may address legitimate performance, conduct, attendance, and safety concerns. The key is to do so consistently and objectively, while recognizing that a medical disclosure or request for a work-related change may require HR to begin the interactive process.

Suggested supervisor script
“Thank you for letting me know. I want to understand the work-related limitation and what change might help you perform your job. I will notify HR so we can review the request with you. We may need some additional information, but you do not need to share more medical information with me than is necessary to explain the workplace issue.”

Key authority

• Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq.
• EEOC, Small Employers and Reasonable Accommodation, explaining that an individual may request accommodation in “plain English” and need not mention the ADA or use the phrase “reasonable accommodation.”
• EEOC, Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees under the ADA, addressing permissible medical inquiries and documentation.