Does my employer have to provide reasonable accommodation for my disability?

What the Law Says

The Americans with Disabilities Act (ADA) prohibits employment discrimination and requires employers to make reasonable accommodations for qualified individuals with disabilities.

The ADA applies to private employers, state and local governments, employment agencies, and labor unions with 15 or more employees. It covers all aspects of employment—including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.

A 'reasonable accommodation' is any modification or adjustment to a job, the work environment, or the way things are usually done that enables a qualified individual with a disability to enjoy equal employment opportunities. Employers are not required to lower performance standards or provide personal use items (like eyeglasses or hearing aids).

The employer must engage in an 'interactive process' — a good-faith dialogue with the employee to identify effective accommodations. The employee must request accommodation (though no 'magic words' are required), and the employer may ask for reasonable documentation of the disability and need for accommodation.

Statutory Text

No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

— 42 U.S.C. § 12112(a) — Discrimination

Statutory Text

The term 'reasonable accommodation' may include—(A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (B) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

— 42 U.S.C. § 12112(b)(5)(A)–(B) — Reasonable accommodation

Statutory Text

As used in subsection (a), the term 'discriminate' includes ... not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.

— 42 U.S.C. § 12112(b)(5)(A) — Definition of discrimination

What to Do

Sources