Employees' Practical Guide to Negotiating and Requesting Reasonable Accommodations Under the Americans with Disabilities Act (ADA)

Americans with Disabilities Act Basics

Requesting an Accommodation

Negotiating an Accommodation

The Job Accommodation Network (JAN) is a free service of the U.S. Department of Labor's Office of Disability Employment Policy. JAN consultants have been providing job accommodation information since 1983 when JAN was founded. In addition, JAN consultants have been providing information about the Americans with Disabilities Act (ADA) since 1992 when the ADA went into effect. Over the years, JAN consultants have developed practical ideas to help employees understand the ADA and request and negotiate reasonable accommodations in the workplace. The Employees' Practical Guide to Requesting and Negotiating Reasonable Accommodations under the Americans with Disabilities Act is a summary of some of the most frequent issues that employees have regarding accommodations and the ADA and JAN's practical ideas for resolving them. As new information is available or new issues develop, the Guide will be updated to reflect the changes. If you have an issue that is not addressed in the Guide or if you want to discuss an issue in more detail, please contact JAN.

I. ADA BASICS

• A. What is the ADA?
• B. Does my employer have to comply with Title I of the ADA?
• C. How do I know if I have rights under Title I of the ADA?
• D. Where can I get more information about the ADA?

II. REQUESTING AN ACCOMMODATION

The ADA applies to all aspects of employment, including job advertisements, job applications, job interviews, and post-offer medical examinations. Although many of the ADA rules that apply to applicants and new-hires are the same as the rules for employees, there are some differences. This section discusses the differences.

• A. How do I know when to request an accommodation?
• B. How do I request an accommodation?
• C. Do I have to tell my employer that I have a disability?
• D. How much medical information do I have to provide to my employer?
• E. What accommodations can I request?
• F. How long does my employer have to respond to my accommodation request?

III. NEGOTIATING AN ACCOMMODATION

One of the key non-discrimination requirements of Title I of the ADA is the obligation to provide reasonable accommodation for employees with disabilities. This section provides information about what policies and procedures might be useful, how to recognize and handle accommodation requests, how to determine effective accommodations, and what types of accommodations might be reasonable.