What Does an Employee Need to Provide for a Reasonable Accommodation?

The federal Americans with Disabilities Act (ADA), as well as a provision in the Florida Civil Rights Act (FCRA), requires a large percentage of employees in South Florida to provide employees with disabilities with reasonable accommodations upon the employee’s request as long as the requested accommodations are reasonable and do not present an undue hardship to the employer. Yet it can be difficult for employees to know precisely what they need to do in order to request a reasonable accommodation, and what they can do if an employer refuses to provide one. Our Palm Beach Gardens disability discrimination attorneys can provide you with more information about the steps to take.

Request a Reasonable Accommodation 

The first thing you will need to do is to request the reasonable accommodation. You cannot get a reasonable accommodation without making the request for it yourself. You do not need to make the request in writing, although you can. You can make the request in writing, in conversation, or through “any other mode of communication,” according to the US Equal Employment Opportunity Commission (EEOC).

Provide Information Requested from Your Employer 

An employer can ask you to fill out a form for the reasonable accommodation request, and/or an employer can also ask you to submit your request for a reasonable accommodation in writing. You should comply with these requests. In addition, your employer can ask you to submit “reasonable documentation” that you have a disability that requires a reasonable accommodation. The EEOC clarifies that an “employer is entitled to know that the individual has a covered disability for which s/he needs a reasonable accommodation.” An employer is not required to request reasonable documentation, however.

You do not, in most circumstances, need to provide complete medical records. Rather, your employer can only request reasonable documentation, which the employer can require “come from an appropriate health care or rehabilitation professional,” about the specific disability that necessitates the reasonable accommodation.

Details Should Be Discussed with Your Employment Discrimination Attorney 

If you have questions or concerns about requests your employer has made in response to your request for a reasonable accommodation, you should speak with an attorney to learn more about what can and cannot be required. The specific type of materials or documentation that you will need to provide after making a request for a reasonable accommodation will depend on the particular facts of your case.

Contact a Palm Beach Gardens Employment Discrimination Lawyer 

Both the ADA and the FCRA in general apply only to employers with 15 or more people, which means that there are smaller employers in South Florida who are not required to comply with these laws and the requirements for reasonable accommodations. However, even if your employer is not covered by the ADA or FCRA, you may have other options for exercising rights and obtaining a reasonable accommodation in your workplace. In short, if you need assistance with a disability accommodation, you should get in touch with an experienced Palm Beach Gardens employment discrimination attorney at Sconzo Law Office who can help. Contact our firm today for more information about how we can assist you.

Sources:

dol.gov/agencies/odep/program-areas/employers/accommodations#:~:text=The%20ADA%20requires%20reasonable%20accommodations,a%20disability%20to%20enjoy%20equal

eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada#burdens

leg.state.fl.us/Statutes/index.cfm/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html