What constitutes reasonable accommodation, both legally and morally?

29 Comments

1. AnonymousDecember 21,2023 at 6:53PM UTC

   Very effective companies realize and accept reality and don't over burden their staff by dragging their feet.

   Documenting expectations including the lack of meeting expectations due to health etc. Is how good companies responsibly run their operations including HR. It fair and morally sound to be transparent and communicate even when it's hard.

   If they instead avoid the various issues, stop communicating, burn out their teams and accept the status quo then they get the results they create.

2. AnonymousDecember 21,2023 at 7:39PM UTC

   I can’t speak on the legal and ethical guidelines and governances.
   But I can say— there are provisions for team support. When folks take extended leave usually the organization can hire a temporary replacement. For ex, a manager on my team went on Mat-leave and the boss filled her role with one of her peers. Additionally, teams usually manage the bandwidth and scale back production, esp when coverage is low.

   I’m curious, have those techniques to balance the workload been explored/implemented? Or are you more interested in trying to predict how long you’ll have to tread water in this situation? If the latter, have you had a conversation about your own workload / pace with your manager? They can certainly help.

3. AnonymousDecember 21,2023 at 9:53PM UTC

   It's up to the current leaders or managers in charge of the group this person works in.

   They may find that the constant leaves and lack of work responsibilities of this person are completely within reason and are not causing harm to productivity. That may be their assessment. If it's not within your authority, all you can do is point out the strain it's causing. Wondering what other companies would do doesn't really help...best practices are not always employed. Why hasn't your manager and their boss pushed for resolution on this matter? Or are they in agreement that adequate accommodation are in place and no changes are required?

4. AnonymousDecember 24,2023 at 2:57PM UTC

   As someone who has needed intermittent FLMA for a year and has had had trouble getting reasonable accommodation for ADHD, I get really angry about coworkers who complain. I have had to step up when a coworker took 3 months off for a baby, for one who took months off for an illness nobody disclosed, and I had to do my supervisee's job as well as my own when my supervisee had gender confirmation surgery. If I complained about any of that, I'd be pilloried here, yet OP seems to feel no shame complaining about intermittent FMLA for a coworker.

5. AnonymousDecember 22,2023 at 3:23PM UTC

   The ADA stipulates reasonable accommodation, but "reasonable" is usually defined by the organization providing it. Also, some states have stricter accommodation and FMLA regulations than federal guidelines, so a best practice in one state may not be appropriate in another.

   It can also depend on your industry, as a high-powered sales organization may differ entirely from a non-profit that advocates for persons with disabilities. The former requires people to consistently perform at peak to maintain profitability. At the same time, the latter could run into issues trying to eliminate the position of a person with chronic medical problems, as it would be against their mission. I suspect your organization is somewhere in between, so it is hard to gauge based on what you posted here.

6. Colleen HansonDecember 23,2023 at 3:59PM UTC

   As someone who was terminated from their employment due to needing to undergo treatment for cancer, I find your post to be lacking in empathy and understanding. As such, my former employer is being investigated by the state I live in for violating ADA which, if he is found guilty, will result in a lawsuit and he could potentially lose his company, not to mention this will mar his company's name. There are laws put in place in most states to protect people with chronic illnesses from being terminated from their jobs. Your claim that you can't really afford to have "people not doing their jobs" is completely lacking in empathy. I can assure you this person would probably give anything to feel better and be able to work full time again! Instead of blaming the employee for "not doing their job" you should be blaming your employer for not bringing in some type of temporary help. Have you tried asking about bringing in some temporary help and explaining the toll that the extra work-load is putting on others? Sometimes employers have no idea what is going on in their own companies if they aren't made aware. Rather than blame your co-worker for being chronically ill you need to focus your frustration on your employer and try to communicate the need for extra help.

7. Rebecca Lee VDecember 23,2023 at 8:03PM UTC

   I'm sorry this happened to you. That couldn't have been easy to deal with that while going through cancer treatment.

8. AnonymousDecember 23,2023 at 11:58PM UTC

   I didn’t see her showing lack of empathy at all, and I think your tone was uncalled for.

   She was simply trying to find out where she stands, as well as MORALLY what is right. I think adding that word showed personal concern. If someone isn’t working at all, that is not a reasonable accommodation. A reasonable accommodation is supposed to enable the person to do their job. If this person isn’t doing their job at all, and she is being overloaded and wants to know if that’s expected, I see no issue with her question.
   Also, I know where I am if you take extended leave for health you a guaranteed A job, not necessarily the same one you had. So if her area needs another person to fill the role, they may be able to move the person on leave to a less busy area. Taking leave means they can’t fire you while you are on leave. I’ve seen people who were let go the week they came back. I’m sorry you were ill, but I’ve also seen people misuse the system. I knew one person who had her dr say she had to go on maternity leave early- and she did this to escape a round of layoffs.

9. AnonymousDecember 24,2023 at 2:51PM UTC

   Nah, it's grumbling by a co-worker who feels morally wronged by someone else's decision about what is reasonable.

10. AnonymousDecember 24,2023 at 1:57PM UTC

    I see few responses representing what I see as a leader for a large company. We have teams where we have a third or more of the team on some kind of FMLA which places an undue burden on the rest of the team and an extra cost burden on the employer. Cancer or a chronic illness is one thing but we have associates filing for FMLA who fail to follow the process, call in at the drop of a hat, or don't call in at all and then retroactively claim the absence as FMLA. Honestly, it's gotten to the point of ridiculous. FMLA was created for a good reason and I support its use but there are MANY people out there abusing it. I have no empathy for that behavior and I certainly understand the frustration felt by the original poster.

11. AnonymousDecember 24,2023 at 9:19PM UTC

    The OP wasn't pointing to this person as abusing FMLA. Her frustration is that they can't seem to do anything about it or cover the loss of productivity due to the person's ongoing medical issues. I agree that there are abuses, but you missed her point. Others will find a "for cause" reason to fire someone, like what happened to the person who replied and you seemed to take issue with. Companies have to walk a fine line between doing what's suitable for all employees, the company, and especially the person who needs accommodations. If they aren't careful, one wrong move or a misplaced piece of paperwork can cost the company millions.

12. AnonymousDecember 24,2023 at 2:49PM UTC

    My workplace refused to accommodate my request for an office away from a heavy traffic and noisy area (I have ADHD). I was let go and they tried to make it "for cause," but I documented everything, made it clear that I was documenting everything, and cc'd the head of HR on an email detailing how people in similar roles had distraction-free office spaces. I got a year's severance and "eligible for re-hire" status. People who grumble about accommodations set themselves up for lawsuits or disciplinary actions!

13. AnonymousDecember 29,2023 at 12:35AM UTC

    I agree with you! My husband has a brain tumor and would love to be able to work the way he did before. We should be empathetic to people who are suffering, not try to keep tabs on how much they are or are not contributing to the team.

14. AnonymousDecember 23,2023 at 5:05PM UTC

    My understanding of reasonable accommodations is that it is something that allows people to perform their job functions. It sounds like in this instance leave is being used as the reasonable accommodation. There is a wonderful website called the job accommodation network which can assist. Depending on the size of the company the issue of financial hardship also often arises. As another poster noted you need to check what your state rigs are not just federal because many states are stricter and use smaller numbers to define what is a small employer.

15. AnonymousDecember 23,2023 at 8:01PM UTC

    I know someone who is struggling with Long Covid and the reasonable accommodation he asked for and received is the ability to work from home with a flex schedule.

16. AnonymousDecember 24,2023 at 2:44PM UTC

    Sometimes changes in job duties works out, too.

17. Mary PoolDecember 23,2023 at 8:38PM UTC

    If you are taking on more than you are comfortable with or able to perform at the required levels, that is on you. Stop blaming this person and start looking in the mirror. When you received the new responsibilities, did you negotiate a time limit or raise? If not, that is your issue and not others. If you are unhappy with YOUR workload or responsibilities, take action to change them. Stop blaming others for your ineffectiveness in voicing your needs, concerns, or desires.

18. Damie WilsonDecember 24,2023 at 1:55PM UTC

    Hey, this isn't Maury Povich. Take a chill pill. Are people on this forum allowed to ask questions without this unnecessary response? Because if not I'm not coming back here to give out FREE advice to jerks and askholes. Ya, askhole. Ask for advice don't take it or gives rude advice. I'm a RN been in the medical field for a very long time and I'm like his or her Co worker. I'm tired all the time. I have physical ailments and chronic conditions that keep me from being there for my team and patients. They have a right to not end up burned out like me. The SSDI agency refuses to assist me in many ways and I plan on writing a detailed book on how the system would rather have me dead or have people overworked to pick up my responsibilities just so I can afford to work.

    That co worker getting a reasonable accommodation may need to fight hard for the brain washed paycheck we all let ourselves get locked into. And SSDI is a scam for many of you, so if you don't think whats going on in his question or others like him or her than you don't deserve to a part of this group discussion on solutions. We are not 7 year Olds fighting over the slides or swings and need mommy lectures.

    So Karen, if you're here to torture the participants feel FREE to leave.

19. AnonymousDecember 24,2023 at 2:01PM UTC

    This sounds a bit harsh, but your point is well taken. I don't know what sort of workplace this is, but I do know smaller employers usually can't afford to carry a chronic under-performer indefinitely long term. It's reasonable for the employer to request a finite time period for when they can expect the co-worker to eventually be able to meet minimum job requirements.

    If that is chronically un-met, then it's also reasonable to transfer the co-worker to a different role where they can meet job requirements.

20. AnonymousDecember 23,2023 at 9:12PM UTC

    If they are on FMLA only the person in question and hr would know the whole extent. Your manager would be able to know what that person could do as it retains to the missed time. It is important to note it is good for 12 weeks (3 months), but from the sounds of it~ your co-worker is on a limited FMLA by which they still have 12 we eeks but depending on how they work during that time. For example the FMLA may give 3 days a week they can work.... so the 2 days over the course of a time period totaling 12 weeks is protected time.

    Good Luck.

21. Damie WilsonDecember 24,2023 at 2:20PM UTC

    After reading some of the responses I believe that people who work and climb ladders need help in ways to prevent further stress and strain on anyone making attempts to be part of society and the broken system. Society works but the system doesn't work for all in society. Why? They lock you in and lie to you.

    Some of you may or may not be nerds like myself but when I watch Star Wars I don't pay attention just to the special effects teams great laser fights. Take a look at the hierarchy and lessons they learn. The unfair treatment between the haves and have nots. Your question has been asked by many since working for a living became a natural way of life

    We don't have short term safe guards in pace for the sick. We don't have training in the law (those bastards know that) and they do use a different set of logic and rules to determine who is "legally" disabled. I was told I could work with the list of chronic conditions, mental health problems, hospitalizations and secondary grief of losing everything and my grandmother even with imaging studies and horrid side effects from medications. Ya, they told me I could work on marijuana and other medications that not only have gotten me killed but you reading this as well. Pearline Hardy, ALJ and James Miller, occupational decision makers whom have never met me get to decide my fate based on poor medical data by doctors that don't see the forest through the trees because they are paid off to lessen the truth.

    If half of you knew what it was like to work in pain for one week that I did for the 12 years maybe some of what I'm writing would matter. I paid into a system that completely has failed me. I've met others in pain support groups sweating from their illnesses, their skin on fire, their eyes blood shot because the tears of being forced to work because money is all that matters to a world of materialistic weasels.

    I'm for working for what you have but what I'm not for is a government that tells you to CYA and prove your issues and then with full on intent ignores it. I would have only received 1810 a month on SSDI. Is that how broke our governments are they can't let one person who has worked since 15 get a little help? I had no intentions of staying on it with the hopes of finding something less physical (bedside nursing with my conditions, really?) I had to go through a lot to finally get the medication that works but the damage ? now done to my heart. I've got a Holter monitor on at 45 years of age due to experimental drugs, off lable drug use and the stress of having to follow their bullshit plan of care just so I can afford to NOT live in my van in 2023.

    I don't know if my book will help but look for it coming soon. Other Than Honorable. Seems a fitting title for someone that never gives up.

    Mary, I'm sorry your co worker has come off like a bum but ask your Co worker if the situation is anything like mine. I had long haul covid. It really sucked me down into a deep hole. I had to do a lot fo get back to good. Steroids, EMDR, work, cry, find some purpose. It's very hard to keep up and no joking aside, walmart wouldn't hire me at all. But nursing homes will? I found a non physical job but they fired me over the phone 5 days after they hired me when I asked for help with something. Nice right? That's the ostrich like mentality in some work places. Especially, here, in the Midwest.

    Your co worker is most likely stuck in tar and can't get out. Like most of us, we go to college, have families, have debt, have loans, mortgages, bills that requires that paycheck and going to a different job that pays less doesn't work because no matter what you do it still hurts or the medical benefits are bad or don't exist. Gainful employment in America is 1300 a MO. That doesn't pay for much does it.

    We did this by voting in leaders that treated us like cattle for cash. We let this happen. Republicans and Democrats they're all crooks. I'm prior Navy and I'm telling ya, everyone I'd a fucking asshole on this planet and my east coast mother was right.

    "Look out for number one, yourself, because no one else will."

    After living a few decades I'd being naive about the love and controversial power of Jesus. I'm disappointed in how right she is about most.

    So, tell your co worker best of luck against all her odds. She or he is gonna need it.

22. AnonymousDecember 24,2023 at 2:24PM UTC

    You may want to contact your state's Vocational Rehabilitation department for advice. If the employee has disclosed their disability, there might be opportunities in retraining, or simple environmental changes that can accommodate the employees needs. Again, you need to check with your state, but often times these trainings and accommodations are paid by the state. And a company can get a tax credit from the federal government by hiring employees with disabilities. Good luck!

23. AnonymousDecember 24,2023 at 2:40PM UTC

    Legally, it depends on the size of the org, the person's role, and their limitations. Co-workers who might feel slighted are considered a reasonable cost. Remember that you are always one second away from being someone who needs accommodations yourself. Meanwhile, consider where you spend your emotional energy. Categorizing your coworker as "dormant" when you don't have all the facts hurts you directly. Only HR and the supervisor have the right to determine what is reasonable.

24. C M FallinDecember 24,2023 at 5:12PM UTC

    askjan.org is where to find your accomodations and advice.
    It's where HR specialists turn. Ask for a doctor to write a recommendation in detail (it doesn't have to give a diagnosis) on how the accomodation will help. You need to know how to argue how the accomodation will/will not be an undue burden to the company and that the company can't say it's unfair to others. Extended leave may be a burden as work is not completed but remote or work from home in another capacity you might train in may not be

25. AnonymousDecember 24,2023 at 5:24PM UTC

    Legally, employers must comply with federal law, as well as state and local laws prohibiting discrimination against qualified individuals with disabilities in all terms, conditions, and privileges of employment (including job application, hiring, firing, advancement, compensation, job training, etc.). The Americans with Disabilities Act (ADA) is the federal law and covers employers with 15 or more employees. Under the ADA, an individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. A qualified employee (or applicant) with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job.

    An employer must make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the employer's business.

    Reasonable accommodations are adjustments or modifications provided by an employer to enable individuals with disabilities to enjoy equal employment opportunities. Accommodations vary depending on the person's individual needs. For example, an employee with diabetes may need regularly scheduled breaks to monitor blood sugar and insulin levels. An employee with cancer may need to leave work periodically to get radiation or chemotherapy treatments.

    Note that state and local laws may provide qualified individuals with disabilities with additional protections and impose additional requirements on employers. For example, New York City's Human Rights Law applies to employers who have employed four or more individuals within the past year.

    Additionally, while it is usually up to the qualified individual with the disability to request a reasonable accommodation, there are exceptions. For example, the employer may have an affirmative obligation--be required to offer the qualified individual with a disability a reasonable accommodation to perform the job if the employer:

    -- knows or has reason to know that the employee has a disability;

    --knows, or has reason to know that the employee is experiencing workplace problems because of their disability; or

    --knows, or has reason to know, that the disability prevents the employee from requesting a reasonable accommodation.

    If your colleague fits in this exception, which appears to be the case, then your employer must offer to provide your colleague a reasonable accommodation if your employer is otherwise covered under federal, state, and/or local discrimination laws.

    Job Accommodations Network (JAN)---https://askjan.org/-- is an incredible resource for employees and employers to learn about potential reasonable accommodations for various disabilities and impairments. Employees and employers can contact JAN to discuss individual situations and get guidance (not legal advice). The website has a wealth of information and JAN staff provide individualized guidance. I have used it several times as a manager and employee and it has been tremendously useful.

26. Mary PoolDecember 24,2023 at 8:13PM UTC

    Your issue is not with your coworker but with your management. Successfully transferring focus to someone with no authority or ability to change a situation is an old trick. Keeping people focused on the wrong thing or person takes the heat off management who should handle this situation. As long as you are willing to take on responsibilities without commensurate compensation, why should management change its course? You are a part of the problem; once you recognize this, you can initiate changes.

27. AnonymousDecember 27,2023 at 3:37PM UTC

    I am a disabled employee with accommodations that allow me to do the essential functions of my job (which is the definition of a reasonable accommodation along with no undue hardship).
    The best accommodation for me is having a flex schedule.

    I also have modified equipment to use the computer (special keyboard, mouse and Dragon Naturally Speaking), and an ergonomic assessment of my work station any time my location of my workspace changed. I went from a cube farm, to an office with a door, and I am now home-based.

    Reasonable accommodations are put in place to allow an ill or disabled employee to "do their jobs" not avoid them. Taking medical leave is a perfectly acceptable form of reasonable accommodation. Unless this person has spoken of their disability or accommodation(s) at work, they are no body's business but their own, their management's, and HR's.

    Whenever I had to go out on medical leave, at least five times over an 18 year career, there has been someone trained to back up my projects for the time I would be gone. It used to be a temp that covered most of my duties but now it is another FTE position and training her to be my backup also allowed me to mentor her and train her on our software platforms.

    I am also trained to be someone else's backup within in the company and have been backing up her position for most of the latter half of 2023. She's been out on medical leave since end of May, beginning of June and is coming back in January. I actually had to train a backup to the backup (someone to cover this backup function I have been doing all year) because I'll be going on medical leave just as this Project Lead returns to work and there may be a few days of overlap where neither one of us will be there.

    Communication and coverage are keys to keeping a disabled employee employed and not kicked to the curb to "go on disability".

28. Annalise MDecember 27,2023 at 4:03PM UTC

    It's tricky because you're not really the person in an appropriate role to try to support this situation, but ideally the company should be working with the person to figure out how to balance their needs and the workload. While I don't think it's reasonable to have an essentially dormant role, I also don't want to judge the person too hard tbh because I'm not sure what steps have and/or have not been taken to support them. For example, if I have an illness that makes a commute difficult, but I'm not allowed to wfh, I'm going to look like I can never work when actually I could work if someone gave me a reasonable accommodation (i.e., wfh if the job duties are a good match for wfh). Maybe it's flex hours, maybe it's more check-ins, kind of hard to give examples without knowing the specific disability - but I do encourage that all efforts are undertaken to make it work, and it really helps if we replace ideas around "equal treatment" with "equitable treatment" for these kinds of situations. If all of that is tried and the work is still not getting done, that's when I think it's appropriate to consider whether this is unreasonable or even if the employee seems to want to complete the job duties in good faith.

29. AnonymousJanuary 2,2024 at 7:42PM UTC

    Hi Everyone, OP here. I wanted to respond with some more context, since I opted for concise rather than comprehensive in the original question. I can see how my phrasing in the question came off as disgruntled or callous - it wasn't my intention.

    Despite not being in a position of power in this situation, I do know most of the details because the colleague who is struggling and I have been brainstorming how to improve her work situation. She went through several rounds of negotiations with our manager and HR to try to figure out what accommodations could be made to support her, but none seem to enable her to contribute consistently because of the extent of her illnesses. She is already able to work from home 100% if necessary and we already have flex hours in place. She attempted to negotiate a lay-off for herself so she could take some time to recover and research something more in line with her needs, but the department wouldn't go for that because it would eliminate the headcount needed for that position. She has also looked at an internal transfer but isn't interested in anything that is open (as well as the lay-offs having decreased the number of roles available for her experience level), and she can't guarantee that she would be able to contribute effectively in a new job. When we last spoke, the only thing I could come up with is for her to stay in the position as she is and continue to take extended medical leave as necessary. She hates that idea because she is someone who wants to contribute, but we just can't see any way around it.

    I asked the question because I am wondering if there are other clever things that companies have done to basically keep people productive and in the workforce rather than on permanent disability. I also find myself wondering at which point, if any, the company would actually be justified in terminating her. It's not an end I want to see, but if it's not illegal to do so, I could see it coming to that.