Understanding Reasonable Accommodations at Work

Many managers simply do not know what to do when an employee comes into their office asking for help dealing with a personal health issue, either physical or mental. Managers might fear they will do the wrong thing, or whatever the employee asks for will cost too much money, or if they give the employee a break other staff will ask for the same consideration.  These are certainly things to consider, but not impossible to overcome. With a little understanding, a little research, and a little common sense, managers can strike a balance resulting in a positive outcome for both the employee and the company.

First Step: Understanding

Both the manager and the employee need to understand the essential functions of the job that the employee is expected to perform. This can usually be found in the employee’s job description. And of course, part of a good job description is the physical requirements of the job. For example, is the employee required to stand for long periods of time, required to be able to lift up to 50 pounds, required to have the finger dexterity to enter data via a keyboard, etc.? If an employee’s job requires a lot of data entry, and the employee shows up with a leg in a cast, the employee’s physical limitation (not being able to walk), might have little or no impact if the person works in accounting, or engineering, or some other white collar profession.  However, if that same person works in a warehouse, where being able to walk around the building picking products for delivery is an essential function of the job, then some type of accommodation might be required. Once the essential functions of the job have been clearly outlined and understood, the manager and employee are half way to a reasonable accommodation.

The second half of understanding an individual’s limitations is to get a doctor’s certification, detailing what restrictions (if any) the employee might have. Managers should not make the mistake of believing an individual has limitations without asking the person and seeing a note from a doctor. With that said, managers should not demand to know what is wrong with the person. A manager only needs to know what work restrictions the person might have and how long those restrictions are expected to be valid. Or course it’s natural for managers to be concerned about their staff and want to know what’s wrong. However, by asking what disease or illness a person has, the manager could unwittingly violate a plethora of employment laws (ADA, HIPAA, GINA, etc.). So, just stick to considering the restrictions outlined by a licensed healthcare provider and go from there.

Second Step: Consider Options

Many managers fear that by granting any type of accommodation, it will cost their company thousands of dollars. In reality, the average cost of a reasonable accommodation in the United States is only $500, not much of a financial impact when you consider the employee’s annual total compensation, or the amount of money it would cost to replace that individual if they quit, or the very high cost of litigation if that person’s request for an accommodation is denied and that person files a law suit. Many accommodations require little or no cost. This could be moving someone to a different work area (if they are having mobility issues), getting the employee a light blocking shade screen (if they are having problems with migraines), or even simply allowing the employee to have some time off (if they need additional medical appointments that aren’t available after regular work hours). The amount of options available to most employers is only limited by their imagination. And of course, you should always ask the employee what they want. Managers are often surprised that the employee’s request is not nearly as dramatic (or expensive) than the manager feared it might be.

Third Step: Implement

After you have reviewed the essential functions of the job with the employee, understand the employee’s restrictions, and have come up with a plan… Make it happen!  Or as Nike has been telling us for years, “Just Do It!”  In most cases, reasonable accommodations are not difficult, but they do need to be done.  The later a reasonable accommodation is put off, the more the employee will feel neglected and unappreciated, and no reasonable manager wants that for any member of his or her staff.

Fourth Step: Follow Up

Finally, just because you made the accommodation, that doesn’t mean you are done, as long as the employee is still working for you. Managers should follow up with the employee on a regular basis. Individuals with physical or mental restrictions tend to either get better or worse over time. A manage that follows up with his or her staff will not only ensure that the accommodation is working, but they will also continue to build a positive relationship with that staff member.

Putting It All Together

Years ago, I worked with a sales manager named Mike. On his way driving from Los Angeles to Las Vegas, he was involved in a horrific car accident that left him paralyzed from the waist down. Fortunately, after 6 months he was able to return to work, but he would be in a wheel chair for the rest of his life. The first problem was that our main office was on the second floor of a building with no elevator. We did look into the cost of building an elevator or some type of chair lift, but initial cost estimates were $75,000 to $100,000. So, what did we do? First, we considered the essential functions of his. As our sales manager, Mike spent most of his day on the phone, making sales calls to existing and prospective customers. Could he still speak? Could he still lift a phone and dial? Could he still enter orders into a computer? Yes!  So, he could do his job, he just couldn’t get to the second floor of the building. However, we had just opened a new production facility down the road, and it was easily accessible by wheelchair, and Mike said he would be happy to work there. Mike was a very friendly guy and liked to be around people, so he really didn’t want to work from home. The result was that Mike was able to return to doing a job that he loved and the company got to keep a great salesman. It was a win for both Mike and the company!

Granted, not all stories of reasonable accommodation end with everyone being happy, but the vast majority do. It just takes an understanding of the job requirements, an understanding of the individual’s needs and desires, and the patience & creativity to find a solution by working together on the challenge of reasonably accommodating the employee’s needs.

Resources:

• EEOC ADA Resources
• ADA Anniversary Tool Kit
• Job Accommodation Network
• Cornell University Northeast ADA Center

Kevin Panet is a Human Resources professional with over 20 years experience.  He has a MS in Human Resources Management, a BS in Business Administration and a AAS in Information Systems Management.  Kevin also holds advanced nationally-recognized HR certifications from the Society for Human Resources Management (SHRM) and the Human Resources Certification Institute (HRCI).  He has served in a diverse assortment of industries, including banking, insurance, manufacturing, hospitality, non-profit, aerospace, and the U.S. Air Force. He currently lives in Las Vegas, Nevada with his wife and two and a half dogs. In his spare time he enjoys hiking, photography, and supporting veterans organizations. He can be reached at [email protected]