Whether you’re a business owner or an employee, chances are you will be confronted with a workplace accommodation request at some point. These discussions are often difficult for both sides to engage in due to fears of termination or legal consequences, but with the proper guidance and understanding, they can be much less intimidating and easier to navigate. The following are four things you need to know about accommodation discussions to do just that:
1. Accommodation discussions are guided at the national level by the Americans with Disabilities Act (“ADA”) and, at the state level, by each state’s anti-workplace discrimination laws. For Connecticut, that law is the Connecticut Fair Employment Practices Act or CFEPA. The statutes and subsequent case law make it clear that an employer is not required to automatically accept whatever the employee or the employee’s doctor says they need. So, what does the law require?
2. Case law on accommodation discussions reveals that both parties must engage in a “reasonable discussion” when an employee requests an accommodation. This means that an employer cannot just shut down a conversation upon the employee's initial request and refuse to respond. It also means the employer likely needs to consider and discuss an alternative solution with the employee. Likewise, an employee cannot just shut down a conversation with the employer because the employer doesn’t accept the employee’s first request, even if it is what their doctor recommends.
3. With that understanding, what constitutes a reasonable discussion or a reasonable accommodation? That is much more difficult to know or answer. The reality is that what is reasonable can be, and likely is, different in every situation. Just because one type of accommodation worked for one employee doesn’t mean it is appropriate for another. Before the COVID-19 pandemic, almost universally a remote work requests were deemed unreasonable by courts. In the post-pandemic era, where working from home has become more common, it is likely that such requests will be found to be reasonable in the near future.
4. With all of that said, any accommodation request is ultimately evaluated based on whether the employee can still perform the essential functions of the job. What those essential functions are is primarily determined by the employer and an employer is not required to accommodate an employee who cannot perform one of these functions. While a court can weigh in on if an employer is being reasonable in determining what an essential job function is, they usually give significant deference to the employer's judgment. This means that they are less likely to overrule the employer’s decision. Therefore, any employee requesting an accommodation must understand that they cannot seek to fundamentally change the nature of their job, or their request is likely to be denied.