An Employer's Easy Guide to Reasonable Accommodation

When does federal law require reasonable accommodations? 

Right now, the accommodation obligation applies to the following: 

~ Disabilities, required by the Americans with Disability Act or the Rehabilitation Act of 1973 (for federal contractors). 

~ Pregnancy and pregnancy-related conditions, required by the Pregnant Workers Fairness Act, which President Biden signed into law in December 2022. 

~ Lactation, required by the PWFA and the PUMP for Nursing Mothers Act. 

~ Religion, required by Title VII. 

Are the employer's obligations different depending on the category? 

Of course! Accommodations for disabilities, pregnancy, and lactation have similarities but are different. Religion is in a class by itself. I'll focus on what they all have in common. 

What should we do in all cases? 

First, your handbook should include a short "reasonable accommodation" policy. All it needs to say is that reasonable accommodations will be made in these four situations (and as required by state law) and whom to contact in the event of a need for accommodation. Normally, the contact would be someone in Human Resources, but if you don't have an HR department, you'll have to designate someone else. 

Second, your designee should be trained in handling reasonable accommodation requests. 

Third, there are no hard-and-fast rules about how to accommodate. 

Fourth, the EEOC prefers that an employer first try to accommodate in a way that requires the least change to the employee's current situation. 

Fifth, if an employee needs a reasonable accommodation that would not be an undue hardship, but you refuse to provide it, then your company will be liable. 

What process should employer follow? 

Step 1: If applicable, confirm that an accommodation is needed. 

Step 2: Determine whether the requested accommodation could cause any problems in the 

workplace. 

Step 3: Engage in the "interactive process." 

Step 4: Consult with your lawyer. And follow your lawyer's advice. 

Step 5: Let the employee know the decision, document, and follow up periodically. 

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This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship. 

For more information on this and other topics, please contact Kevin via any of the channels listed below:

📧 kevin@kmckernan.com  | 📞 718-317-5007