Asking for documentation when reasonable accommodation is requested
Abstract
Some individuals with disabilities who are actively participating in national and community service may request reasonable accommodations in order to fulfill their service positions. Program directors and supervisors may, under certain circumstances, ask for documentation as a matter of good program management practice. This effective practice outlines when and how to do so, and was submitted by Elesheva Soloff, Training Specialist with the National Service Inclusion Project in February 2008. The practice is adapted from material developed by the Equal Employment Opportunity Commission (EEOC).Issue
Sometimes a volunteer or service member has a disability or a need for an accommodation that is not obvious. Directors and supervisors may request documentation as proof that the service member has a disability as defined by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, and needs the requested reasonable accommodation.Action
According to materials from the National Service Inclusion Project, keep in mind the following when encountering this situation:
- Asking for documentation regarding an individual's disability may only occur if the individual requests a reasonable accommodation.
- The requested documentation has to be from a qualified health professional.
- Documentation from the qualified health professional does not mean that either the nature of the disability or details about a person's medical background is shared.
- Documentation may include the following:
- Describes the nature, severity, and duration of the employee's/service member's impairment, the activity that the disability limits, and the extent to which the disability limits the employee's/service member's ability to perform the activity.
- Substantiates why the requested reasonable accommodation is needed.
- Ask for documentation describing an individual's limitation or requested accommodation only after the request for an accommodation is made.
- For the most part, the request for reasonable accommodations will be considered on a case-by-case basis. Not everyone with a disability will need an accommodation; and not every accommodation will require documentation. For example, if an individual in a wheelchair asks for blocks to help raise her desk, this request for accommodation does not require documentation.
- Establish what IS required in order for the individual to fulfill the essential function of the position (or the main aspect of the job). A trial and error approach may be needed when being asked to provide accommodations.
Context
The first step when someone requests an accommodation is to engage in a dialogue to find out what is needed. In many cases, individuals can describe specific accommodations which will help them accomplish their tasks. However, there are times when individuals may not know what would help them perform their service functions. If the latter is true, or the current accommodation is not working, then you can step in with resources.
Job Accommodation Network (JAN) is a useful website to discover accommodation ideas for different disabilities. Even if you do not know the nature of the particular disability, JAN can offer suggestions to help you think creatively about accommodation ideas — and these can also be useful for persons without disabilities. Remember that these are suggestions and not all accommodations listed would be needed.
Citation
Adapted from material developed by EEOC:http://www.eeoc.gov/policy/docs/accommodation.html
See the National Service Inclusion Project (NSIP) fact sheet for case studies from AmeriCorps programs.
Requesting Documentation When Reasonable Accommodation is Requested (220 Kb)
Outcome
According to the Equal Employment Opportunity Commission (EEOC), there is no specific amount of time that an employer or an organization has to respond to an accommodation request, but they should respond as quickly as possible. Unnecessary delays in responding or implementing an accommodation can result in a violation of the Americans with Disabilities Act (ADA). See http://www.jan.wvu.edu/EeGuide/iirequest.htm#Howlong for more information.
Ask for documentation describing an individual's limitation or requested accommodation only after the request for an accommodation is made.
Posted On
February 29, 2008For More Information
Resources
For more information on requesting documentations legally, review the Equal Employment Opportunity Commission (EEOC) website.
What Is Section 504?
Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency, including the U.S. Department of Health and Human Services (DHHS). These organizations and employers include many hospitals, nursing homes, mental health centers and human service programs.
Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services.
Who Is Protected from Discrimination?
Section 504 protects qualified individuals with disabilities. Under this law, individuals with disabilities are defined as persons with a physical or mental limitation which substantially limits one or more major life activities. People who have a history of, or who are regarded as having a physical or mental impairment that substantially limits one or more major life activities, are also covered. Major life activities include caring for one's self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. Some examples of limitations which may substantially limit major life activities, even with the help of medication or aids/devices, are: AIDS, alcoholism, blindness or low-vision, cancer, deafness or hearing loss, diabetes, drug addiction, heart disease, and mental health.
For purposes of national service, qualified individuals with disabilities are persons who, with reasonable accommodation, can perform the essential functions of the job for which they have applied or have been hired to perform. (Complaints alleging employment discrimination on the basis of disability against a single individual will be referred to the U. S. Equal Employment Opportunity Commission for processing.) Reasonable accommodation means an employer is required to take reasonable steps to accommodate your disability unless it would cause the employer undue hardship.
Adapted from the U.S. Dept of Health and Human Services.
Related Practices
Related sites
Disability Business and Technical Assistance Center