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On September 30, the Department of Labor (DOL) announced a new tool to assist employers in creating reasonable accommodations. Overall, the resource provides more than 700 ideas for accommodations for workers with disabilities and their employers. Previously, in September, the agency released a framework on inclusive artificial intelligence hiring and recruitment requirements.
Background of the Reasonable Accommodations Resource
Known as the “Situations and Solutions Finder,” the tool offers examples of workplace reasonable accommodations. Specifically, these examples were shared by users of the Job Accommodation Network (JAN). JAN is a database service of the DOL’s Office of Disability Employment Policy (ODEP). Markedly, the database draws its examples from large and small organizations across industries and the private and public sectors. The tool also allows users to filter and save results by disability, limitation, and/or occupation.
Generally, reasonable accommodations are modifications to the work environment or how a job is typically done. These changes enable a qualified person with a disability to enjoy equal employment opportunities. Indeed, the Americans with Disabilities Act (ADA) requires employers to provide accommodations for disabled applicants and employees. These accommodations, however, only need to be provided when requested unless doing so would cause an undue hardship.
Given that, though, the DOL wants employers to know that not all examples of accommodations in the Situations and Solutions Finder may be effective for every person or workplace. This is because reasonable accommodations are unique to each individual. There are common patterns that exist, however, to assist employers and workers in assessing options.
The Americans with Disabilities Act (ADA)
Signed into law in 1990, the ADA is a federal law that protects the civil rights of individuals with disabilities. The ADA forbids disability-related discrimination in the workplace and other sectors of society. Covered individuals may show they have a disability in one of three ways:
- they have a physical or mental condition that substantially limits a major life activity (walking, talking, seeing, learning, etc.)
- a person has a history of disability (for example, a cancer that is in remission)
- this person is subject to an adverse employment action, and their impairment is not transitory or minor
Qualified employees or candidates with disabilities under the ADA must have an impairment that is:
- not transitory (lasting or expected to last six months or less) or
- minor (even if he or she does not have such an impairment).
Employer Takeaways
In conclusion, according to the EEOC, the agency received 81,055 discrimination charges in Fiscal Year 2023. Of those total charges, nearly 36% involved disability-related discrimination. Since employees may request reasonable accommodations involving particular disabilities, workplaces must consider those requests carefully. To help business owners and their managers comply with state and federal reasonable accommodation laws, WorkWise Compliance (formerly Personnel Concepts) created the Reasonable Accommodations E-Learning Program for Employers and Managers. This online eLearning module includes self-guided training on correctly handling disability accommodation requests, links to digital resources, and a standalone interactive assessment tool that employers can use whenever they receive a qualifying request.
