How-to guide: How to make reasonable accommodations for employees with disabilities (USA)

Introduction

This guide will assist in-house counsel, private practice lawyers, and human resource departments to ensure compliance with the requirements relating to reasonable accommodations for employees with disabilities in the United States. The guide sets out key issues to consider when creating and implementing reasonable accommodations policies.

This guide covers:

1. Overview of employment laws relating to disabilities
2. Reasonable accommodations defined
3. Providing the reasonable accommodations

For additional information, see How-to guide: Overview of US employment law and Checklist: Developing an Equal Employment Opportunity Commission (EEOC) compliant policy.

Step 1 – Overview of employment laws relating to disabilities

Disability, or a perceived disability, is a protected class under US anti-discrimination laws.

1.1 Americans with Disabilities Act

The Americans with Disabilities Act (ADA) became law in 1990. It is based on its predecessor, the Rehabilitation Act of 1973, and its overall purpose is to prohibit discrimination against individuals who have a disability and to make the United States a more accessible place to live for those with disabilities. The ADA prohibits discrimination on the basis of a disability in the context of employment, transportation, public accommodations, communications, and access to local and state government programs and services.

In the employment context, the ADA protects the rights of individuals with disabilities who are either already an employee or who are seeking employment.

Under section 12102 of the ADA, ‘disability’ is defined as ‘a physical or mental impairment that substantially limits one or more major life activities.’ The definition applies to people who:

• have a record of such a physical or mental impairment, even if they do not currently have a disability; and
• are ‘regarded as having such impairment’, even if they do not.

Examples of impairments include blindness or needing to use a wheelchair for mobility. Conditions that are not regarded as impairments include broken bones that are expected to heal completely, cancer, or compulsive gambling.

Note that the ADA does not set out a list of conditions that may or may not be regarded as impairments. Note also that an employer may not inquire into a prospective employee’s medical condition or disability, although the prospective employee may be asked if they can perform the tasks of the job with or without an accommodation.

1.2 ADA Amendments Act

The ADA Amendments Act (ADAAA) was signed into law in 2008 and became effective in 2009. While the ADAAA did not change the definition of ‘disability,’ it did clarify that the definition should be broadly construed in favor of coverage to the maximum extent allowed under the ADA. The ADAAA also emphasized that extensive analysis is generally not required when making a determination about whether an individual has a disability. The overall purpose of the changes made under the ADAAA was to create an easier pathway by which an individual may establish that they have a disability and to seek protections under the ADA.

In addition to the protections under the ADA, US states, territories, commonwealths, and other local governing bodies have their own civil rights laws. These laws generally protect individuals against discrimination based on certain protected characteristics, including disability. While state and local laws may offer greater protections in some instances, the ADA takes precedence over any state or local laws that offer lesser protections. Where employers are covered under the ADA and state or local civil rights laws, those employers must abide by all provisions under those applicable laws and provide individuals with the greatest level of protection available under those laws.

Step 2 – Reasonable accommodations defined

Under Title I of the ADA, codified at 42 USC sections 12101-12117, 12201-12213, qualified job applicants and employees who have disabilities must be given reasonable accommodations in order to allow them to perform the job.

2.1 What is a ‘reasonable accommodation?’

There are a number of different factors to consider when determining the obligations of an employer in relation to reasonable adjustments.

2.1.1 Definition according to the Department of Labor

According to the US Department of Labor, a reasonable accommodation is a ‘modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process.’ The purpose of reasonable accommodations is to enable individuals who have disabilities to have equal opportunities to gain employment and to perform job duties to the same extent as individuals without disabilities.

This mandate applies to employers, labor organizations, and employment agencies, as well as to joint labor-management committees. For the purposes of this guide, they are all generally referred to as ‘employers’. Employers must provide reasonable accommodations unless doing so would cause the employer undue hardship.

2.1.2 Examples of reasonable accommodations

Under the ADA, employers must provide reasonable accommodations with regard to three aspects of employment:

• ensuring equal opportunity in the application process;
• enabling a qualified individual with a disability to perform the essential functions of a job; and
• making it possible for an employee with a disability to enjoy equal benefits and privileges of employment.

‘Essential functions of a job’ are duties that are fundamental to the job. The determination of whether a job function is essential depends on factors including whether the job exists specifically for the purpose of completing the function, whether other employees are able to perform the same function and, if so, how many, and the skills required to perform the function.

In Tudor v Whitehall Central School District, 132 F.4th 242 (2d Cir. 2025), the Second Circuit Court of Appeals established that employees with disabilities may be entitled to a reasonable accommodation—such as the brief afternoon breaks requested by the high school teacher with PTSD in this case—even if they can perform the essential functions of their jobs without it. This decision emphasizes the ADA’s broader purpose of supporting employee well-being and inclusion, moving beyond a narrow interpretation that required accommodations only when strictly necessary for basic job performance. The ruling aligns the Second Circuit with similar interpretations from other federal appellate courts, clarifying that an accommodation can be used to enhance a qualified individual’s workplace experience and ensure equal opportunity.

According to the Department of Labor, some examples of reasonable accommodations include physical changes such as:

• installing a ramp;
• modifying a rest room; or
• modifying the layout of a workspace.

Reasonable accommodations may also include an unpaid leave of absence for a time sufficient to allow an injury to heal, or accessible and assistive technologies, such as:

• ensuring computer software is accessible, for example, by providing screen reader software, or using videophones to facilitate communications with colleagues who are deaf;
• allowing regularly scheduled breaks for eating and managing blood sugar levels for an employee with diabetes;
• allowing leave for radiation or chemotherapy treatments for an employee with cancer;
• making the workplace accessible for a wheelchair user;
• providing a flexible work schedule or allowing telework for an employee with a mobility issue;
• providing accessible communications, for example, providing sign language interpreters or closed captioning at job interviews, meetings and events, or making materials available in Braille or large print; and
• policy enhancements, for example, modifying a policy to allow a service animal in a business setting or adjusting work schedules so employees with chronic medical conditions can go to medical appointments and complete their work at alternate times or locations.

2.2 When is an accommodation ‘reasonable?’

To determine whether an accommodation is reasonable, employers must examine the request for accommodation made by the employee with a disability.

2.2.1 Reasonable on its face

According to the Equal Employment Opportunity Commission (EEOC), the reasonableness of the request may vary depending on the particular position held by the employee, the impact their disability has on their ability to perform their role, and the environment in which the employee works.

Requests for reasonable accommodations must be analyzed on a case-by-case basis. However, the EEOC states that an accommodation is generally deemed to be reasonable if it appears to be ‘reasonable on its face.’ This means that if the accommodation seems ‘feasible’ or ‘plausible,’ it will be considered reasonable for the purposes of the ADA employer requirements.

Accommodations must be effective in meeting the needs of the individual who has a disability. This means that any accommodations must enable the individual to perform the essential functions associated with their job.

Accommodations must also enable job applicants with disabilities to have equal opportunities to be considered for the job and to engage in the application process.

Lastly, to be considered reasonable, accommodations must allow employees with disabilities to enjoy the privileges and benefits of employment that are enjoyed by other employees without disabilities.

The EEOC’s website provides numerous guidance documents that provide advice for providing reasonable disability accommodations in employment. For example, in 2023, it issued guidance on Hearing Disabilities in the Workplace and the Americans with Disabilities Act and Visual Disabilities in the Workplace and the Americans with Disabilities Act.

2.2.2 Not ‘reasonable’

It is critical that employers understand the types of accommodations that are not considered reasonable and are, therefore, not required. For instance, employers are not required to eliminate an essential function of a job. An individual who has a disability and who is unable to perform essential functions of a job, with or without reasonable accommodations, is not deemed to be a ‘qualified’ individual and therefore, is not covered under the ADA.

Employers are not required to lower production standards that are uniformly applied to their employees. However, employers may be required to provide an individual with disabilities with reasonable accommodations that enable that individual to meet current production standards. While it is not required that an employer eliminate essential functions or reduce production standards, an employer may choose to do so.

Employers are not required to provide reasonable accommodations for personal-use items that may be required to perform daily activities, whether on or off the job. For example, employers are not required to provide employees who have disabilities with prosthetics, eyeglasses, hearing aids, a wheelchair, or other similar devices if those devices are also needed by the individual when they are off the job. Further, employers are not required to provide personal-use amenities, such as a laptop or smartphone, if those amenities are not also offered to individuals without disabilities.

2.2.3 Undue hardship

The only statutory exception to an employer’s requirement to provide reasonable accommodations is where those accommodations cause an ‘undue hardship’ for the employer. Under the ADA, an ‘undue hardship’ means ‘an action requiring significant difficulty or expense’ taking into account the employer’s resources and circumstances and how those relate to the difficulties or costs associated with providing certain accommodations. Specifically, employers must assess the following factors:

• the nature and costs of the reasonable accommodation;
• the overall financial resources of the employer – the overall size of the employer’s business (eg, the number, type, and location of the employer’s facilities); and
• the type of operations of the employer, including the structure, composition, and functions of the employer’s workplace; the geographic separation, administrative, or fiscal relationship of the facilities to the employer.

Undue hardship refers not only to financial difficulties the employer may face if it were to provide particular reasonable accommodations, but also includes the extent to which such accommodations are unduly extensive, substantial, disruptive, or would fundamentally alter the nature and operation of the employer. Ultimately, employers should assess the factors listed above on a case-by-case basis when determining whether it would face undue hardship.

Step 3 – Providing the reasonable accommodations

There are a number of different ways in which the obligation to make a reasonable accommodation can arise.

3.1 Employee request

Employees may request an accommodation either during their employment or prior to commencing a role.

3.1.1 Pre-employment request

Prospective employees may need accommodation for their disabilities in order to complete an application for a position. An employer must provide the necessary accommodations if they are reasonable. Examples of accommodations include conducting the interview in a venue that is wheelchair accessible or using a video call for preliminary screening instead of a telephone call.

Prospective employees must request an accommodation unless their need for an accommodation is obvious. For example, if an employer wants to interview a prospective employee whose résumé indicates that they are a graduate of a university that was chartered to educate deaf students, the employer should ask what accommodations might be necessary for the interview. Employers who wish to make it clear that they will provide any necessary accommodations may include a statement to that effect in a job posting or advertisement.

Note that federal regulations require that federal contractors and subcontractors include an equal opportunity clause in their contracts that states that:

[t]he contractor will not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ and advance in employment individuals with disabilities, and to treat qualified individuals without discrimination on the basis of their physical or mental disability in all employment practices.

3.1.2 Accommodations for current employees

There is no obligation for an employer to provide an accommodation, unless requested by an individual with disabilities or unless the employer knows of the disability, or the disability is obvious. Once an individual decides to request an accommodation, that individual, or the individual’s representative, must notify the employer.

3.1.3 Making a request

The request may be made orally, in writing, or in any other form of communication, and the requesting party may use plain English when making the request. Requests may be made at any time before (eg, during the application process) or during the individual’s employment. There is also no requirement that the terms ‘ADA’ or ‘reasonable accommodation’ are used when making the request.

While there is no special language or terminology required, notice of the request should include the fact that the individual needs a change at work for a reason that relates to the individual’s medical condition.

3.2 Process for dealing with requests

Employers must follow specific steps upon receipt of a request for an accommodation from an employee.

3.2.1 Meet with the employee

Once an employer receives a request for a reasonable accommodation, they should initiate an informal meeting with the individual who made the request. During this meeting, the employer should seek clarification regarding the individual’s needs as well as the need for an accommodation.

In some cases, the determination of the individual’s disability and their need for particular accommodations will be apparent. In other cases, the employer may need to ask clarifying questions related to the nature of the individual’s disability and their functional impairments. If an employer needs such clarification, that employer should focus their questions on matters relevant to the determination of whether reasonable accommodations are necessary and, if so, what accommodations would be appropriate under the circumstances.

3.2.2 Documentation

If the individual’s disability or need for reasonable accommodations is obvious, or the individual has provided sufficient information regarding the existence of their ADA disability and need for reasonable accommodations, employers are prohibited from asking for documentation. However, where an individual’s disability or need for reasonable accommodations is not obvious or is otherwise unclear, an employer has the right to confirm whether the individual has a covered disability for which reasonable accommodations are needed.

An employer may request that the individual provide documentation relating to their disability and functional limitations to help establish a basis for the reasonable accommodation request. The documentation requested by the employer must be ‘reasonable.’ This means that the employer shall only require documentation which is necessary to determine whether the individual has a disability covered under the ADA, and that such disability necessitates the provision of a reasonable accommodation.

An employer may require that the reasonable documentation originate from appropriate healthcare or rehabilitation practitioners. The determination of whether the practitioner is appropriate may vary depending on the particular individual, disabilities, or limitations involved. Examples of appropriate practitioners may include doctors; psychiatrists; psychologists; or other licensed mental health professionals; nurses; and physical, occupational, speech, or vocational therapists.

Under the ADA, if an individual fails to provide sufficient, reasonable documentation from an appropriate practitioner, an employer may require that the individual be seen by a healthcare practitioner of the employer’s choosing. Before issuing this requirement, the employer should first notify the individual that the documentation they provided was insufficient and why, and then give the individual an opportunity to provide further documentation. ‘Insufficient documentation’ is documentation that does not evidence the existence of a disability covered under the ADA and does not explain the individual’s need for a reasonable accommodation.

In lieu of a request for reasonable documentation, an employer may choose to have more informal discussions with the individual regarding their disability and functional limitations. In doing so, the employer should clarify with the individual that the reason for the discussions is for the purposes of verifying that the individual has a disability covered under the ADA, as well as the individual’s need for reasonable accommodations.

3.3 Implementing the accommodation

Once an employer has received a request from an employee and has met with the employee to discuss it, employers will need to consider the best way to implement the accommodation.

3.3.1 Choosing accommodations

Generally, employers may choose the reasonable accommodation they offer to an individual who has a disability. During conversations with the individual, employers may offer options and alternatives for reasonable accommodations and may discuss the effectiveness of such accommodations. Additionally, if there are multiple options available, the employer may offer the individual the least costly or burdensome alternative without violating the ADA.

Regardless of the reasonable accommodation chosen by the employer, that accommodation must be effective (ie, the reasonable accommodations enable the individual to perform the essential functions of their job).

3.3.2 Timely response

When an individual requests a reasonable accommodation for a disability, employers should respond expeditiously to such a request. If the employer requires further clarification or documentation in relation to a request, requests for such clarification, as well as any need for more information, should also be made as expeditiously as possible.

Once an employer verifies there is an ADA-covered disability and determines the appropriate reasonable accommodation, the employer should promptly provide such accommodation. A lack of action on the part of an employer may be deemed an effective denial of the request and may result in a finding of a violation of the ADA.

3.3.3 Ongoing obligation

An employer’s obligation to provide reasonable accommodations for an individual with an ADA-covered disability is ongoing. For instance, there may be instances where an individual who received a reasonable accommodation later requires different or additional reasonable accommodations to be able to perform their job functions.

When an individual makes requests for multiple reasonable accommodations, the employer must consider each request and determine whether an accommodation is needed, whether it would be effective, and whether the employer would face an undue hardship. Individuals covered under the ADA are entitled only to those reasonable accommodations which are necessitated by the individual’s disability and will provide the individual with equal employment opportunities.

3.3.4 Consequences of noncompliance

The US attorney general is authorized to enforce the ADA. Remedies for violations include injunctive relief and a civil penalty of not more than $50,000 for a first violation. The EEOC is also authorized to bring suits for employment-related discrimination on behalf of individuals.

This EEOC settlement underscores two crucial points for employers regarding unfamiliar accommodation requests:

• standard job practices may not defend against an ADA claim and employers should thoroughly explore proposed accommodations, including the employee's external resources, especially for new technology; and
• neglecting available support or adequate effort in implementing technology can result in ADA liability.

Example

In January 2025, PACE Southeast Michigan, a Michigan-based adult-care provider agreed to pay $170,000 and implement policy changes to settle a disability-discrimination action by the EEOC. The EEOC alleged that PACE treated any employee who could not return immediately from their Family and Medical Leave Act 1993 leave as having voluntarily resigned, even when two employees requested brief extensions (three weeks or less) with medical documentation. The employer denied the requests, terminated the employees, and only later filled their positions. Under the consent decree, PACE agreed to pay $60,000 to each of the two terminated employees; reserve an additional $50,000 for any other similarly situated employees; train HR staff on the ADA; revise its accommodation policies to include short leave extensions; and report annually to the EEOC. (See PACE Southeast Michigan to Pay $170,000 in EEOC Disability Discrimination Lawsuit.)

Note that the ADA is enforced based on complaints. There are no routine inspections unless authorized after an enforcement action.

Additional Resources

US Equal Employment Opportunity Commission – Applying Performance and Conduct Standards to Employees with Disabilities
EEOC – Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA
US Minority Business Development Agency – Building an Inclusive 
Workforce

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How to investigate workplace harassment complaints 
How to deliver workplace diversity training
How to comply with legal developments relating to Diversity, Equity and Inclusion
How to make accommodations for religious belief or practice
How to investigate workplace harassment complaints

Checklists:

Developing an Equal Employment Opportunity Commission (EEOC) compliant policy
Responding to an Equal Employment Opportunity Commission (EEOC) charge

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