ADA Reasonable Accommodation Checklist for Employers

The Americans with Disabilities Act (ADA) requires private employers with at least 15 employees to provide reasonable accommodations that make it possible for qualified workers with medical conditions to perform their “essential job duties.” Some example accommodations are modified work schedules, special equipment like ergonomic furniture or screen-reading software, physical changes to the workspace like ramps or wider doorways, or reassignment of certain tasks that the employee just cannot feasibly perform.

The ADA is enforced by the Equal Employment Opportunity Commission, which investigates employers accused of failing to provide reasonable accommodations. Employers that use a reasonable accommodation checklist can identify accommodation needs early on, guide managers on what they can and cannot ask, and create records that protect the company if a dispute reaches the EEOC.

Step 1: Identify Accommodation Obligations

Employer obligations under the ADA begin when an employer is put on notice that a worker may need a reasonable accommodation. An employer is put on notice in two specific situations:

1. When a worker asks for a workplace change tied to a medical condition.

2. When a disability is obvious and it prevents the worker from performing core job duties.

A worker does not need to mention the ADA, use the word “accommodation,” or follow any special paperwork or procedures. Even a simple statement like, “I need a different chair because of my back condition,” or, “I need to start later in the morning because of my treatment,” is enough to trigger the process.

An employer is also put on notice when it becomes obvious that a disability is preventing a worker from performing their job, even if the worker has not asked for an accommodation. For example, if a worker who uses a wheelchair cannot access a workstation, or if an employee with a hearing impairment cannot follow verbal safety instructions, the employer is responsible for starting the accommodation process based solely on observation of these limitations.

Step 2: Document and Acknowledge Every Request

Employers are advised to acknowledge accommodation requests and observations that indicate the potential need for an accommodation in writing, as soon as possible. A brief email or written note confirms that the employer recognizes the need for an accommodation, and also signals to the worker that the process is moving forward. Written acknowledgments should include the date, the name of the employee, the person who received the notice, and a clear description of what was requested or observed.

A manager or supervisor who receives a request should send the written acknowledgement to HR or the ADA compliance lead, who is responsible for keeping all acknowledgements in one official file. If an employee includes medical details in the request, the ADA requires employers to keep that information in a separate, confidential location apart from personnel files.

Step 3: Begin the Interactive Process

After an employer acknowledges an accommodation request or an observation indicating the need for an accommodation, it should begin the interactive process with the worker.

The interactive process is a structured conversation wherein the employer and the worker identify which job duties the worker is struggling to perform because of their medical condition and explore workplace changes that would make it easier for the worker to carry out those duties.

Preparing for the Discussion

It is a good idea to prepare for the interactive process by reviewing the worker’s job description and confirming which duties are core to the position.

Focusing the Conversation

The discussion should then focus on how the worker’s disability impedes their ability to carry out those duties. For example, an employee might communicate that they:

• Cannot lift heavy objects because of a back injury.

• Have difficulty reading information on a computer screen because of a vision problem.

• Struggle to follow verbal instructions in a noisy environment because of hearing loss.

Moving to the Next Step

Once the employer has a clear record of which duties the employee struggles to do because of their medical condition, the next step is to decide whether the need for an accommodation needs to be corroborated by medical documentation.

Step 4: Request Medical Documentation Only When Necessary

When Requests Are Limited

The ADA only permits employers to ask for medical documentation when the worker’s disability or need for an accommodation is not clear.

When Documentation Is Not Appropriate

If the disability is visible and the inability to perform core job tasks is obvious, the employer is required to move forward with the accommodation process without asking for medical records.

• Example: An employee who uses a wheelchair cannot access part of the workspace.

• Example: A worker with a hearing impairment cannot follow verbal safety instructions.

When Documentation May Be Requested

If the limitation is not obvious—for example, when an employee reports that migraines require them to miss shifts—employers can request documentation, as long as it is narrowly focused. Employers can only ask for information that:

• Confirms the existence of a disability.

• Explains how the condition limits the employee’s ability to perform specific job duties.

How to Request It Properly

To keep the request within ADA limits, provide the healthcare provider with the employee’s job description and ask the provider to state whether the employee is restricted in performing the listed duties and whether any accommodations could help.

Step 5: Explore Accommodation Options With the Worker

Begin the Discussion

Once an employer confirms that an employee needs an accommodation, the employer should meet with the employee to discuss possible options. It is always a good idea to begin the discussion by inviting the employee to explain what changes they think might help them perform their job duties. Starting the conversation this way is impactful because it makes the employee feel heard and acknowledges that the employee is in the best position to describe what barriers they face and what adjustments would allow them to meet job expectations.

Review Suggestions and Offer Alternatives

After listening to the employee, the employer should review each suggestion and give clear feedback on whether it can be implemented. If a suggestion is just not feasible, the employer needs to explain why and offer alternatives. For example, if an employee asks to work from home because chemotherapy treatments leave them fatigued in the afternoon, but the role requires in-person work, the employer could propose adjusting the employee's schedule to allow shorter on-site shifts or offer to provide a quiet workplace space where the employee can rest during the day.

Document the Decision

The employer should document each option discussed, as well as the reason for accepting or rejecting it. A clear record demonstrates that the request was considered in good faith and shows how the decision was reached if it is later reviewed.

Step 6: Analyze Whether an Accommodation Creates Undue Hardship

The ADA does not require employers to implement accommodations that create undue hardship. An accommodation creates undue hardship when it creates significant difficulty or expense relative to the size, resources, and operations of the business.

When analyzing whether an accommodation creates undue hardship, it is important to look at objective evidence about cost, resources, and how the change would affect business operations, rather than relying on assumptions. The EEOC looks at several factors when deciding whether an accommodation causes undue hardship, including:

• The cost of the accommodation.

• The overall financial resources of the business.

• The number of employees at the worksite.

• The effect on the operation of the facility.

Employers should document the costs reviewed, the resources considered, and the conclusion about why the accommodation would be too difficult or expensive.

Step 7: Evaluate Whether an Accommodation Creates a Direct Threat

The ADA does not require employers to provide accommodations that would result in a direct threat. A direct threat means a significant risk of substantial harm to the health or safety of the employee, or of others, that cannot be reduced through reasonable accommodation.

The determination of whether an accommodation would create a direct threat has to be based on objective medical evidence or reliable facts, not assumptions or stereotypes about an employee’s medical condition. For example, an employee who has uncontrolled seizures and operates heavy machinery may present a level of risk that cannot be reduced through accommodation. On the other hand, if another employee with epilepsy provides documentation from a doctor showing that the condition is under control and does not prevent safe operation of the equipment, the employer has no basis to treat that employee as a direct threat.

Employers should document the evidence relied on, the risks identified, and any accommodations considered to reduce the risk. A clear record shows that the decision was made on objective grounds rather than speculation.

Step 8: Put the Accommodation in Place

Once an employer and an employee decide on an accommodation that works for both parties, the employer is required to implement it without delay. If an employer approves an accommodation but does not follow through with putting it in place, the EEOC may view the failure to act as a refusal to provide the accommodation. Employers can reduce the risk of EEOC scrutiny during this step by designating a specific person to carry out the accommodation, setting a firm deadline for completion, and keeping written records of these details.

Step 9: Monitor and Adjust the Accommodation

The ADA requires employers to provide accommodations that are effective. To satisfy this requirement, employers should follow up with employees after implementing accommodations to confirm that they are now able to perform the core responsibilities of their jobs.

If an accommodation does not work as intended, the employer will need to return to the interactive process with the employee and consider alternatives. For example, if an employee with a back condition receives an ergonomic chair but still cannot sit for long periods without chronic pain, the employer needs to revisit the process and consider options like a sit-stand desk or periodic schedule adjustments. Employers who keep a written record of this process are better able to prove that they treated the accommodation request as an ongoing responsibility, rather than a one-time action.

Step 10: Keep Detailed Records

Employers can reduce their risk under the ADA by keeping time stamped written records of every stage of the accommodation process. Records should include the original request or observation, the written acknowledgment, notes from interactive discussions, any medical documentation obtained, the final decision, and all follow-up conversations or adjustments after the accommodation is in place. All accommodation records need to be kept in a secure file managed by HR or the ADA compliance lead, and all medical information needs to be stored separately from personnel files and shared only with those involved in making accommodation decisions.

Conn Maciel Carey, LLC

Handling accommodation requests incorrectly can lead to EEOC investigations, lawsuits, and costly disruption for your business. Conn Maciel Carey’s national labor and employment group advises employers on how to evaluate requests, document the process, and defend decisions when they are challenged. Call Conn Maciel Carey at (202) 715-6244 to speak with an attorney about protecting your company while meeting ADA obligations.

This article is for informational purposes only and does not constitute legal advice. While we strive to ensure accuracy, laws and regulations may change, and unintended errors may occur. This content may not address every aspect of the relevant legal requirements. For guidance on your specific situation, consult your attorney.