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School Employee Accommodations: When to Grant, When to Pass
A teacher in her third trimester of pregnancy is experiencing symptoms of preeclampsia. She asks the principal if a substitute teacher can step in during her fourth period so that she can elevate her legs for an hour each day until the baby is born.
A coordinator asks the admissions director for an anti-fatigue floor mat because she heard it helps improve leg circulation.
A newly hired chemistry teacher who uses prosthetic legs requests that upper cabinets in the lab be lowered within reach to access lab equipment without using a step stool.
Do your school leaders know how to handle requests like these?
When an employee requests specialized communication equipment, a railing in a restroom stall, or even additional time to learn a task, it’s known as an accommodation.
The ADA and accommodations
Under the Americans with Disabilities Act (ADA), an accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process. An accommodation enables an individual with a disability to have an equal opportunity to get a job and successfully perform the job tasks to the same extent as people without disabilities.
Failure to accommodate can result in a lawsuit against your school so it’s important to know when to say yes and when you can say no. “The ADA definitions of disability, reasonable accommodation, and undue hardship help to clear up some, but not all, misconceptions about what the ADA does and does not require of higher education employers,” said Steven Uhey, human resources counsel for Brotherhood Mutual.
To grant or not to grant
Primary and secondary school employers may find themselves on the fence when it comes to granting accommodations that don’t fit requirements defined by the ADA. Conversely, it can be tough to make accommodations for one employee but say no to others.
“There may be times when an accommodation request doesn’t fall within the protection of the ADA, but that doesn’t mean that employers should automatically deny the request,” said Uhey. “A granted accommodation, even when not legally required, has the potential to improve employee morale and productivity.”
In the case of the scenarios above, more information is needed to determine if the requests would be considered an accommodation. “Take time to educate supervisors of situations which may trigger ADA protection for employees and remind them to contact human resources.”
According to the ADA:
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A disability1 is a physical or mental impairment that substantially limits one or more major life activities, a record of an impairment, or being regarded as having an impairment.
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Major life activities include walking, lifting, caring for oneself, and more.
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A record of means that the person may have had an impairment or a disability but no longer does.
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Being regarded as means the person has an impairment that may or may not limit activity, or even may not have an impairment, but is treated by others as having one.
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A reasonable accommodation2 is any change to the application or hiring process, to the job, to the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities.
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Undue hardship3 is any action that fundamentally alters the nature or operation of the business or is unduly costly, extensive, substantial, or disruptive. This definition is not a one size fits all—what’s considered a hardship will depend on the unique circumstances of each case.
Create and communicate your process
Even if your employee handbook includes information that your school complies with ADA requirements, it likely lacks detail about how you comply. The key is ensuring that anyone in a supervisory role—principals, directors, department chairs, and heads of auxiliary departments such as food services and athletics—understands when they need to contact human resources and that those in human resources know how to consistently apply the rules.
CREATE A PROCESS
Your process may involve the following steps:
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When posting, creating, or updating job descriptions, list all “essential tasks” the person must perform to adequately fulfill the job requirements. You can refer to the job description when making decisions about whether an accommodation is reasonable.
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The supervisor must report the accommodation request to a designated HR representative.
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Apply the disability test. Does the employee have a disability covered by the ADA definition?
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Apply the reasonable test. Will the accommodation allow the employee to fully do his or her job?
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Apply the undue hardship test. Is the accommodation within the school’s means? Does it create undue burdens or hardships on others?
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A doctor’s note is considered medical information. The HR representative should keep all doctor’s notes separate from the employee’s personnel file (digital and physical) and limit who has access. The HR representative should note which accommodation requests were granted or denied and the reasons why.
Uhey says keeping track of all requests, even if it’s a small request or eventually denied is an important step. “If you granted eight accommodations—even ones that you weren’t legally required to do so—but denied the ninth request because it failed the ‘reasonable’ test, you have a written history of accommodating the employee.”
COMMUNICATE YOUR PROCESS
Educate all people in supervisory positions on the process. Then, train them on how to educate teachers and staff who report to them. In addition to your process, caution them about the following:
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Do not initiate a conversation about a person’s perceived or actual disability, or assume a person has a disability. If a supervisor believes an employee’s medical issues are interfering with their job performance, the supervisor should discuss it with human resources.
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Supervisors should give the designed HR representative any paper or digital copies of the employee’s doctor’s notes. The supervisor should not retain paper copies or save an email that contains a copy of the doctor’s note.
Misconceptions and the art of compromise
Knowing and understanding the ADA definitions help guide your decision of whether to grant an accommodation request. But when a request doesn’t specifically fit the mold, does that mean you always say no? Here’s where clearing up misconceptions can help lead to compromises and satisfy both parties.
Misconception #1: It’s a license to do less work. An accommodation needs to help the employee fully perform the job. An invalid request is one that results in an employee doing less work than is essential to the position.
Example: A teacher requests a schedule reduction due to chronic migraines, but at the same pay and benefits. This does not meet the ADA definition of an accommodation.
Misconception #2: A doctor’s note means you must comply. You do not need a doctor’s note to accept an accommodation request. Nor does a doctor’s note dictate what you must do. It is simply a recommendation and can be regarded as a conversation starting point.
Example: A teacher produces a doctor's note that recommends the school purchase an expensive desk chair to help with his back issues. After some research, you may determine that a less expensive desk chair offers the same level of comfort.
Misconception #3: You must accommodate all requests. You can deny a request that seems outrageous, ridiculous, or simply unreasonable. Remember, the ADA requires employers to grant only those accommodations that are reasonable.
Example: A teacher tells you that he was recently diagnosed with seasonal affective disorder. He requests that you replace the ceiling lights in his classroom with special fluorescent tubes. You can deny this request as an undue financial hardship.
In any scenario, it may make sense to find a good faith solution or areas of compromise where possible.
Keep in mind that the ADA rules on accommodations are fact-specific. When an employee makes an accommodation request, there should be open communication between the employee, supervisors, and human resources on when to grant and when to pass. Consider all relevant facts and potential solutions in order to allow the employee to persevere through their disability and continue being a productive member of the college or university staff.
1 “The ADA: Questions and Answers.” U.S. Equal Employment Opportunity Commission, accessed 12 April 2022. https://www.eeoc.gov/laws/guidance/ada-questions-and-answers
2 “Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA.” U.S. Equal Employment Opportunity Commission, accessed 12 April 2022. https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada#:~:text=%22Undue%20hardship%22%20means%20significant%20difficulty,of%20providing%20a%20specific%20accommodation
3 EEOC, Enforcement Guidance.Posted May 10, 2022
The information provided in this article is intended to be helpful, but it does not constitute legal advice and is not a substitute for the advice from a licensed attorney in your area. We strongly encourage you to regularly consult with a local attorney as part of your risk management program.
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