2015-583-E HR - Job Ready Services workplace fitness for duty and functional capacity testing

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DocuSign Envelope ID:6E9B5308-6677-4F2E-9268-29D6E1A4FD76 ADAAA/Reasonable Accommodation Resources for Employers CONFIDENTIAL The following questions &answers are taken from the EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the ADA: f (http://eeoc goy/policy/docs/accomrnodation.html#requestin�) i 1. Do requests for reasonable accommodation need to be in writing? No. Requests for reasonable accommodation do not need to be in writing. Individuals may request accommodations in conversation or may use any other mode of communication.u2-lAn employer may choose to write a memorandum or letter confirming the individual's request. Alternatively, an employer may ask the individual to fill out a form or submit the request in written form, but the employer cannot Ignore the initial request. An employer also may request reasonable documentation that the individual has an ADA disability and needs a reasonable accommodation. (See Question 4). 2. When should an individual with a disability request a reasonable accommodation? An individual with a disability may request a reasonable accommodation at any time during the application process or during the period of employment. The ADA does not preclude an employee with a disability from requesting a reasonable accommodation because s/he did not ask for one when applying for a job or after receiving a job offer. Rather, an individual with a disability should request a reasonable accommodation when s/he knows that there is a workplace barrier that is preventing him/her, due to a disability, from effectively competing for a position, performing a job, or gaining equal access to a benefit of employment. 23 As a practical matter, it may be in an employee's interest to request a reasonable accommodation before performance suffers or conduct problems occur. 3. What must an employer do after receiving a request for reasonable accommodation? The employer and the individual with a disability should engage in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation. The employer may ask the individual relevant questions that will enable it to make an informed decision about the request. This includes asking what type of reasonable accommodation is needed. zs The exact nature of the dialogue will vary. In many instances, both the disability and the type of accommodation required will be obvious, and thus there may be little or no need to engage in any discussion. In other situations, the employer may need to ask questions concerning the nature of the disability and the individual's functional limitations In order to identify an effective accommodation. While the individual with a disability does not have to be able to specify the precise accommodation, s/he does need to describe the problems posed by the workplace barrier. Additionally, suggestions from the individual with a disability may assist the employer in determining the type of reasonable accommodation to provide. Where the individual or the employer are not familiar with possible accommodations, there are extensive public and private resources to help the employer identify reasonable accommodations once the specific limitations and workplace barriers have been ascertained. 2e 4. May an employer ask an individual for documentation when the individual requests reasonable accommodation? Yes. When the disability and/or the need for accommodation is not obvious, the employer may ask the individual for reasonable documentation about his/her disability and functional limitations. L2zl The employer is entitled to know that the individual has a covered disability for which s/he needs a reasonable accommodation.