As a new lawyer, you want to appear confident and prepared to perform the functions of your job. It might feel uncomfortable to ask for an accommodation, but you have a federal right to advocate for what you need by asking for the accommodation that would allow you to work successfully with your disability.
The Americans with Disabilities Act
The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination. Signed by George H.W. Bush and passed in 1990, this civil rights legislation affords protections from unfair treatment in employment, programs and activities offered by state and local governments, and access to public stores, hotels, and restaurants.
The ADA is divided into five sections: Title I provides protections for employees; Title II provides protections in public services; Title III provides protections in public accommodations; Title IV provides telecommunication devices for people who are deaf or hard of hearing; and Title V provides provisions against threats or retaliation. Together, this framework shields citizens from unequal treatment due to their disabilities.
Before you ask for an accommodation, you should consider three main tenets:
- Whether the employer is a “covered entity”;
- Whether you have a disability recognized under the statute; and
- What kind of accommodation will you need to accomplish the tasks required by your employer successfully?
Covered Entities
As a lawyer, you know that you need to define these terms to evaluate whether you can properly receive an accommodation. Covered entities include federal employment, private employers with 15 or more employees, or state and local government employers and a few other labor-related businesses. People who work for a covered entity have a right to ask for an accommodation pursuant to the ADA.
Disability as Defined under the ADA and the ADA’s Amendments Act
The Americans with Disabilities Act Amendments Act expanded the definition of a disability. A disability is defined as a person with a physical or mental impairment that substantially limits one or more major life activities, a person with a record of such impairment, or a person regarded as having a disability.
The definition of disability turns on a few key provisions, such as the nature and severity of the impairment, the duration or expected duration of the impairment, and the permanent or long-term impact of the impairment.
Defining Accommodation
An accommodation is any change in the work environment or in the way things are done that allows people with disabilities to enjoy equal employment opportunities. Covered entities must provide reasonable accommodations. Reasonable accommodations could include making existing facilities accessible, job restructuring, part-time or modified work schedules, providing interpreters, or medical leave. Employers are only charged with providing a reasonable accommodation when you meet the first or second definition of disability.
Keep in mind that employers do not have to take on undue hardship. If your requested accommodation involves significant difficulty or expense for the employer, is excessive in cost, disruptive, would substantially impede completion, would create a danger to other employees, or fundamentally alter the nature of the position, then the employer does not have to accommodate your request.
Application of the ADA and the ADA’s Amendments Act
What is the next step? You have studied the terms and found that you have a disability within the federal statute's definition, but what should you do? Speak to your Human Resources (HR) manager. You don’t have to provide documentation of your medical history initially. You should make a request, either during the application process or while you are employed, but before your performance begins to suffer. Let HR know that you need an adjustment or change of work related to a medical condition. Make the request in writing to avoid disputes about when or whether you requested an accommodation. Your employer can ask for documentation of your disability, but you do not have to provide that initially.
If your employer denies your reasonable accommodation, start gathering some facts. Find out why it was denied. Could you provide more documentation or suggest another accommodation that might suit you? If you are still unable to find relief, you can address your request higher up the chain of command or file a complaint with the Equal Employment Opportunity Commission (EEOC). There is no private right of action to sue the state or federal government in this situation, but the EEOC can bring a claim on your behalf. You can advocate for yourself properly and seek the reasonable accommodation you need to perform the job you are definitely qualified to have.
