Learn Strategies to Request Accommodations

This edition of the REACH Toolbox concludes a series of articles that detail the services that are offered by the REACH Program and University Career Services to help students with disabilities achieve their career goals. Although most of these services may appear to be more general in nature, it is important to remember that all students, regardless of the presence or absence of disabilities, have exciting opportunities to explore their interests, apply for jobs, prepare for interviews, and engage in their chosen fields of employment. Therefore, REACH and University Career Services endeavors to provide the following services to assist students for each of these phases:

Take assessments to identify potential careers based on personality preferences and interests.
Partner with Career Directors in respective colleges to learn about industry-specific internship/employment opportunities.
Create a Handshake account (BYU’s platform connecting students to employers) to receive opportunities tailored to specific interests and skills.
Prepare for Career and STEM Fairs.
Prepare application materials (e.g., cover letters, resumes, references, thank-you notes).
Prepare for the job interview.
Determine if and when disability disclosure to employer is appropriate.
Learn strategies to request accommodations.

Will Your Employer Have to Provide Accommodations¹?

If you have a disability and request accommodations, you are protected by the Americans with Disabilities Act (ADA) as long as your employer fits one of the following criteria:

A private entity with a minimum of 15 employees.
A state or local government agency.
An employment agency.
A labor organization.
A joint labor-management committee.

One of the most important aspects of the above statement is “qualification”. Before accommodations for a disability may be considered, you must possess and demonstrate skills, experiences, education, and other requirements of the given position. Additionally, you must be able to perform the essential functions of the position with or without accommodations. Finally, you must meet the criteria for having a disability, as outlined in the ADA:

“[A] person who has a physical or mental impairment that substantially limits one or more major life activities,
[A] person with a record of a physical or mental impairment that substantially limits one or more major life activities, and
[A] person who is regarded as having a physical or mental impairment that substantially limits one or more major life activities.”

When Should You Request Accommodations²?

There are many points during the job acquisition process at which you could choose to disclose your disability to your employer and request accommodations, including the following:

In a letter of application or cover letter.
Before an interview.
At an interview.
In a third-party phone call or reference.
Before any drug testing for illegal drugs.
After a job offer.
During the course of employment.
Never.

Although there is not just one ideal time to request accommodations, consider carefully evaluating your needs at each of the above stages. If you visibly manifest any sign of your disability or need accommodations, then you might want to disclose your disability and request accommodations for the given stage. For example, if your disability has a visible component that could be seen during direct or virtual interactions with an employer in an interview, then you would want to prepare to discuss your disability during the job interview. Additionally, think about disclosing your disability and requesting accommodations at the interview stage (or just prior) if you need them to complete a work sample. Please remember that you do not have an obligation to disclose your disability at any point during the application process or even after accepting a job. However, you should strongly consider disclosing your disability and requesting accommodations at the outset of your employment experience. When you take such initiative, you have the opportunity to undergo the process to establish accommodations before you need them, and your employer is legally required to respond to your request provided that the company meets the requirements under the ADA (refer to the employer specifications under the “Will Your Employer Have to Provide Accommodations?” section of this article). Please know that if your employer refuses to work with you to provide reasonable accommodations (even if they are not specifically what you requested), then the company could be in violation of the ADA.

How can You Request Accommodations³?

The basic guidelines when requesting accommodations include the following:

Make a statement of need to your employer (most often your direct supervisor) to make an adjustment in employment for reasons related to medical condition(s).
Requests can be made using plain English.
Mention of the “ADA” or “reasonable accommodation” is not required.
Accommodations can be requested verbally (or via the communication method that works best for you).
Your employer might send you a memo or ask you to complete a form to ensure that your request for accommodations is accurately and promptly handled.
Although accommodations do not have to be requested in writing, doing so creates a paper trail for record keeping or in the event that your employer does not act on your request.

Following are a few sample accommodation request scenarios:

“An employee tells her supervisor, ‘I’m having trouble getting to work at my scheduled starting time because of medical treatments I’m undergoing.’” (This is a valid request for an accommodation because a verbal statement of need related to a medical condition was made in plain English.)
“An employee tells his supervisor, ‘I need six weeks off to get treatment for a back problem.’" (This is a valid request for an accommodation because a verbal statement of need related to a medical issue was made in plain English.)
“A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office.” (This is a valid request for an accommodation because the employee has a visible disability, so she does not necessarily have to make an explicit statement about a medical condition.)
“An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. (This is an invalid request for an accommodation because the employee fails to link the need for the chair to a diagnosed medical condition.)

How Long Does Your Employer Have to Respond to Your Request for Accommodations⁴?

Although there are no specific time requirements for employers to respond to accommodation requests, employers are required to respond as quickly as possible. Depending on the nature of the accommodations, some amount of time may be necessary to implement them. For example, an employee who requests screen reading software might have to wait for three weeks to receive it simply because of the methods that are used by the software company to prepare and ship the software. Despite the time needed to receive the software, the employer should not be faulted provided that research was done to determine which program would meet the employee’s needs and the order for the software was placed in a reasonable amount of time.

What accommodations can You Request⁵?

The following are examples of accommodations that you might request depending on your specific needs:

“Making existing facilities accessible.
Job restructuring.
Part-time or modified work schedules.
Acquiring or modifying equipment.
Changing tests, training materials, or policies.
Providing qualified readers or interpreters.
Reassignment to a vacant position.
Medical leave.
Work at home”.

The following are examples of requests that are not considered reasonable under the ADA:

“Removing or eliminating an essential function from a job.
Lowering production standards.
Providing personal use items such as a prosthetic limb, a wheelchair, eyeglasses, hearing aids, or similar devices if they are also needed off the job”.

Other Considerations

As alluded to above, you are not required to request accommodations at the outset of your employment experience. If you would prefer to wait a period of time to learn about your environment or your supervisor’s personality in order to determine how best to approach your accommodation request, this is your prerogative. You can request accommodations at any time during your employment, but you are responsible to maintain your performance. Therefore, please consider disclosing your disability and requesting accommodations before your performance is negatively impacted. If you are unsure of accommodations that might be available to you, please feel free to schedule an appointment with the REACH Manager by calling (801) 422-3000 to explore your options. You can also check out possible accommodations by visiting https://askjan.org.

Job Accommodation Network. (n.d.). Employees’ practical guide to requesting and negotiating reasonable accommodation under the Americans with disabilities act. Retrieved from https://askjan.org/publications/individuals/employee-guide.cfm
REACH. (n.d.). Disclosing your disability to your employer. Retrieved from https://uac.byu.edu/content/disclosing-your-disability-your-employer
Job Accommodation Network. (n.d.). Employees’ practical guide to requesting and negotiating reasonable accommodation under the Americans with disabilities act. Retrieved from https://askjan.org/publications/individuals/employee-guide.cfm
Job Accommodation Network. (n.d.). Employees’ practical guide to requesting and negotiating reasonable accommodation under the Americans with disabilities act. Retrieved from https://askjan.org/publications/individuals/employee-guide.cfm
Job Accommodation Network. (n.d.). Employees’ practical guide to requesting and negotiating reasonable accommodation under the Americans with disabilities act. Retrieved from https://askjan.org/publications/individuals/employee-guide.cfm