Ask Our Experts: Analyzing Accommodations

Author: Emily Scace, Brightmine Senior Legal Editor

Managing accommodations under the Americans with Disabilities Act (ADA) is a constant pain point for employers - and a frequent subject of Ask Our Experts questions. Below are just a few tricky accommodation scenarios our subscribers have asked about recently.

Adjusting Performance Standards

Q: An employee is requesting reduced performance metrics as part of an accommodation request. Is this considered reasonable?

A. The Americans with Disabilities Act (ADA) does not require an employer to disregard, change or eliminate its performance standards as a reasonable accommodation. In other words, an employer can require an employee with a disability to meet the same performance standards as a non-disabled employee in the same job.

But that doesn't mean the employer is off the hook for providing accommodations. There may be ways to assist an employee with a disability in meeting applicable performance standards, and those measures could be a reasonable accommodation that the employer would be required to provide.

For example, if an employee is having difficulty meeting a production quota because of a physical limitation, could the employer adjust the employee's workspace to help the employee work more quickly and meet the quota? Or maybe there are non-critical tasks that could be reassigned to allow the employee to focus their time on essential job duties.

Accommodations are never one-size-fits-all, and engaging in the interactive process is critical. The interactive process should be a true dialogue between the employer and employee about the job requirements, the employee's disability-related needs, and the possible solutions.

Substance Abuse Disorders

Q: An employee received a medical diagnosis of alcoholism and notified the employer that they intended to seek treatment. However, this has not happened. The employee is having attendance and performance issues and consumed alcohol at a company event. What are the employer's options, and is there any accommodation required for this employee?

A. Alcoholism is considered a covered disability under the ADA, and employees with alcoholism who are qualified to perform the essential functions of a job may be entitled to reasonable accommodation. However, employees who abuse alcohol may be required to meet the same performance and conduct standards - and be subject to the same consequences - that apply to other employees.

There is a critical difference between an employee who has been diagnosed with a substance use disorder and an employee who is actively abusing alcohol or drugs in ways that affect their job performance or violate company policies. Even though alcoholism is a covered disability under the ADA, an employer may prohibit employees from using alcohol in the workplace and working under the influence and may impose consequences for violating those rules. Solid drug and alcohol policies are key here.

Possible reasonable accommodations for an employee with alcoholism might include:

• Time off or a leave of absence to seek substance abuse counseling or medical treatment;
• An altered schedule to permit the employee to attend Alcoholics Anonymous (AA) meetings or similar programs; or
• Not requiring the employee to attend events where alcohol will be served.

Service Animals and Safety Concerns

Q: An employee requested to bring a service dog to accompany them while they operate an excavator, but we have safety concerns because the employee works at an active construction site. Are we required to grant this as a reasonable accommodation?

A: A service animal may be a reasonable accommodation to an employee with a disability under the Americans with Disabilities Act (ADA). While an employer must consider an employee's request to bring a service animal to the workplace (just as it must seriously consider any other request for accommodation), an employer does not automatically have to grant the request. Further, an employer does not have to allow an employee to bring an animal into the workplace if it is not needed because of a disability or if the animal's presence in the workplace would constitute an undue hardship.

As with any request for accommodation, an employer should engage in the interactive process with the employee to discuss their request. An employer's goal during the interactive process should be to understand why the individual needs the animal at work and what it does for them. An employer has the right to request documentation of the individual's need for the service animal, if the need is not obvious, and evidence that the service animal is appropriately trained and will not disrupt the workplace. Safety considerations may also be a part of the discussion.

If the safety issues are serious enough that the service dog's presence on the jobsite would amount to an undue hardship, the employer should work with the employee to determine if there is an alternate accommodation that could meet their needs.

Ask Our Experts Is Here to Help 

Dealing with the nuances of accommodations can be tricky. If you have specific questions about reasonable accommodation, the interactive process or other ADA-related challenges, Ask Our Experts is happy to help.