When we think of “reasonable accommodation,” we generally apply it to the population of disabled persons. However, you might be surprised to know the term originally had nothing to do with disabilities.
The United Nations General Assembly notes the Civil Rights Act of 1968 was the first legislative language use of reasonable accommodation. It was first employed in specific reference to discrimination based upon religious preference. The 1968 Act requires an employer to reasonably accommodate an employee with religious observance or practice unless that accommodation would cause the employer an undue hardship. Reasonable accommodation first appeared as verbiage applied to people with disabilities in the 1973 Rehabilitation Act.
Employers Are Required to Provide Reasonable Accommodations
The Americans with Disabilities Act contains the laws and definitions which require employers to provide reasonable accommodations. Three categories of reasonable accommodation include: a) job application process, b) work environment modifications, and c) equality of benefit.
The U.S. Equal Employment Opportunity Commission further explains those three broad categories as:
- (i) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
- (ii) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
- (iii) modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.
Must Employees Disclose Their Need for an Accommodation?
In short, yes! The law requires a qualified job applicant and employees with disabilities to disclose their disability in order to receive reasonable accommodation. If you or your participant need a reminder about disclosure, please refer to the February 2022 issue of Shared Solutions.
A person with a disability who is fairly certain they will need accommodation (s), must disclose information about their disability. You should be prepared to both understand and discuss their personal needs (resulting from the impact of their disability). You will also help the employee and the employer if you are prepared to suggest practical solutions you feel might work.
No Law Requires Disclosure; It’s a Personal Choice
No law requires disclosure. No one can force an employee to disclose their disability. However, if a supported employee decides to disclose disability-related information, the Americans with Disabilities Act (ADA) provides legal protection against hiring discrimination based upon a disability.
While it can often be frightening and anxiety-producing to disclose personal disability information, it is important to understand that when an employee does so, there are protections afforded to them. The ADA outlines these protections. Disclosure is both a personal responsibility and a practical approach to self-care in the workplace.
The Office of Disability Employment Policy (ODEP) suggests the following:
A person with a disability is entitled to:
- have information about their disability treated confidentially and respectfully.
- seek information about hiring practices from any organization.
- choose to disclose their disability at any time during the employment process.
- receive reasonable accommodations for an interview.
- be considered for a position based on their skill and merit.
- have respectful questioning about their disability for the purpose of determining whether they need accommodations and, if so, what kind.
A person with a disability has the responsibility to:
- disclose their need for any work-related reasonable accommodations.
- bring their skills and merits to the table.
- be truthful, self-determined, and proactive.
Examples of Job Accommodation
Accommodations are varied and based upon individualized needs. Discussing needs with trusted others or the employer will enable successful outcomes at work. Examples of typical job accommodations include:
- Job restructuring
- Task-reassignment
- Use of leave time for disability-related reasons
- Modified work schedule
- Modified work policy
- Acquiring or modifying equipment
- Adapting tests
- Adapting training material
- Providing an interpreter
Helpful Resources
Many information sources are available to help you understand reasonable accommodation. Please spend time reviewing these helpful links to become familiar with the legislation, requirements, and responsibilities related to reasonable accommodations.
Employer Assistance and Resource Network on Disability Inclusion
EEOC Enforcement Guidance on Reasonable Accommodation
Office of Disability Employment Policy (ODEP)
We all know what supported employment is, but let’s look at how it came to be. According to the 
Conceived in the 1980s, supported employment was an exciting alternative to sheltered workshops because people now had an employment choice. While supported employment strategies could assist many people, there remained many requiring alternative approaches to competitive work. This is where customized employment became particularly helpful.
“Disclosing a disability may be a consideration when starting a new job; transitioning from school, another job, or unemployment; or retaining a job after acquiring a disability. For individuals who may still be struggling with accepting their medical condition, making the decision to disclose can be overwhelming. Because some impairments are not visible, individuals may face such challenges as understanding their impairments and determining what types of accommodations are available. As with any new experience, preparation is vital.”
No law requires disclosure: No one can force an employee to disclose their disability. However, if a supported employee decides to disclose disability-related information, the Americans with Disabilities Act provides legal protection against hiring discrimination based upon a disability. The ADA also provides for reasonable accommodation on the job.
What does this mean for you? If you are an employment specialist or a VRC, you have a vital role in ensuring that a supported employee makes an informed and personal choice regarding disclosure. Remember, your role is not one of making the decision for your job seeker; rather, your role is one of advising and counseling.
COLA also affects recipients of Supplemental Security Income. In 2021, the maximum SSI payment was $794. The new Federal Benefit Rate for 2022 is $841, an increase of $47 per month.
You and your job seeker have worked hard to get a job, and regular reporting can help keep it! Failure to report can often lead to reduced or stopped checks due to overpayment or terminated benefits.