Employees’ Practical Guide to 

Requesting and Negotiating 

Reasonable Accommodations 

Under the Americans with 

Disabilities Act 

Accommodation and Compliance Series
Preface 

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2 
EMPLOYEES’ PRACTICAL GUIDE TO REQUESTING AND NEGOTIATING 

REASONABLE ACCOMMODATIONS UNDER THE AMERICANS WITH 

DISABILITIES ACT 

Introduction 

The Job Accommodation Network (JAN) is a free service of the U.S. Department of 

Labor’s Office of Disability Employment Policy. JAN consultants have been providing 

job accommodation information since 1983 when JAN was founded. In addition, JAN 

consultants have been providing information about the Americans with Disabilities Act 

(ADA) since 1992 when the ADA went into effect. Over the years, JAN consultants have 

developed practical ideas to help employees understand the ADA and request and 

negotiate reasonable accommodations in the workplace. The Employees’ Practical 

Guide to Requesting and Negotiating Reasonable Accommodations under the 

Americans with Disabilities Act is a summary of some of the most frequent issues that 

employees have regarding accommodations and the ADA and JAN’s practical ideas for 

resolving them. As new information is available or new issues develop, the Guide will be 

updated to reflect the changes. If you have an issue that is not addressed in the Guide

or if you want to discuss an issue in more detail, please call JAN. 

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3 
TABLE OF CONTENTS 

I. ADA BASICS 

What is the ADA? 

Does my employer have to comply with Title I of the ADA? 

How do I know if I have rights under Title I of the ADA? 

Where can I get more information about the ADA? 

II. REQUESTING AN ACCOMMODATION 

How do I know when to request an accommodation? 

How do I request an accommodation? 

Do I have to tell my employer that I have a disability? 

How much medical information do I have to provide to my employer? 

What accommodations can I request? 

How long does my employer have to respond to my accommodation request? 

III. NEGOTIATING AN ACCOMMODATION 

How do I know if I am entitled to the accommodation I want? 

What if I am not sure what accommodation I need? 

What if my employer denies my accommodation request? 

What if I need another accommodation in the future? 

What if my employer retaliates against me for requesting an accommodation? 

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I. ADA BASICS 

What is the ADA? 

The ADA is a federal civil rights law that was passed in 1990 and went into effect 

beginning in 1992. Its purpose is to protect people with disabilities from discrimination in 

employment (Title I), in the programs and activities offered by state and local 

governments (Title II), and in accessing the goods and services offered in places like 

stores, hotels, restaurants, football stadiums, doctors’ offices, beauty parlors, and so on 

(Title III). The focus of this guide is Title I of the ADA, which prohibits discrimination in 

employment and requires employers to provide reasonable accommodations for 

employees with disabilities. 

Does my employer have to comply with Title I of the ADA? 

Only “covered entities” must comply with Title I of the ADA. The term covered entities 

includes private employers with 15 or more employees, employment agencies, labor 

organizations, and joint labor-management committees. State and local government 

employers must also comply with the ADA. Federal executive agencies are exempt from 

the ADA, but they have to comply with the Rehabilitation Act of 1973, which is almost 

identical to the ADA. 

How do I know if I have rights under Title I of the ADA? 

Sometimes it is difficult to determine whether you have rights under Title I of the ADA, 

but understanding some of the terms used in the ADA may help you make that 

determination. In general, Title I protects “qualified” “employees” with “disabilities.” 

The term “qualified” means that you satisfy the skill, experience, education, and other 

job-related requirements of the position sought or held, and can perform the essential 

job functions of the position, with or without reasonable accommodation. 

For additional information about the definition of “qualified,” see 

http://askjan.org/links/ADAtam1.html#II. 

The term “employee” means, "an individual employed by an employer." The question of 

whether an employer-employee relationship exists depends on whether the employer 

controls the means and manner of the worker's work performance. 

For additional information about the definition of “employee,” see 

http://www.eeoc.gov/policy/docs/threshold.html#2-III-A-1. 

 

The term “disability” is defined in general terms rather than with a list of medical 

conditions. The definition of disability includes: (1) a person who has a physical or 

mental impairment that substantially limits one or more major life activities, (2) a person 

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with a record of a physical or mental impairment that substantially limits one or more 

major life activities, and (3) a person who is regarded as having a physical or mental 

impairment that substantially limits one or more major life activities. 

Therefore, to determine whether you have a disability, you must first determine two 

things: 

1. Whether you have an impairment, and 

2. Whether your impairment substantially limits one or more major life activities. 

In addition, you can meet the ADA's definition of disability by having a record of or being 

regarded as having an impairment. 

For additional information about the definition of disability, visit How to Determine 

Whether a Person has a Disability under the Americans with Disabilities Act (ADA) at 

http://askjan.org/corner/vol02iss04.htm. 

The term “essential job functions” means the fundamental job duties of the employment 

position that the individual with a disability holds or desires. The term essential functions 

does not include marginal functions of the position. 

For additional information about essential functions, visit the EEOC’s Title I Technical 

Assistance Manual at http://askjan.org/links/ADAtam1.html, section 2.3(a). 

Where can I get more information about the ADA? 

The federal agencies that enforce the various titles of the ADA provide publications that 

help explain the requirements of all the titles. JAN has an ADA page on its Web site that 

includes many of these publications. The JAN ADA page is located at 

http://askjan.org/links/adalinks.htm. 

The enforcing agency for Title I is the Equal Employment Opportunity Commission 

(EEOC), which can be reached at 800-669-4000 or on the Web at http://www.eeoc.gov. 

The EEOC provides numerous publications, including: 

The ADA: Your Employment Rights as an Individual with a Disability at 

http://www.eeoc.gov/facts/ada18.html 

Disability Related Inquiries and Medical Exams of Employees (EEOC Guidance) at 

http://www.eeoc.gov/policy/docs/guidance-inquiries.html 

Reasonable Accommodation and Undue Hardship (EEOC Guidance) at 

http://www.eeoc.gov/policy/docs/accommodation.html 

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II. REQUESTING AN ACCOMMODATION 

How do I know when to request an accommodation? 

You can request an accommodation at any time during the application process or while 

you are employed. You can request an accommodation even if you did not ask for one 

when applying for a job or after receiving a job offer. In general, you should request an 

accommodation when you know that there is a workplace barrier that is preventing you, 

due to a disability, from competing for a job, performing a job, or gaining equal access 

to a benefit of employment like an employee lunch room or employee parking. As a 

practical matter, it is better to request an accommodation before your job performance 

suffers or conduct problems occur because employers do not have to rescind discipline 

that occurred before they knew about your disability. 

From Reasonable Accommodation and Undue Hardship (EEOC Guidance) at 

http://www.eeoc.gov/policy/docs/accommodation.html. 

How do I request an accommodation? 

According to the EEOC, you only have to let your employer know that you need an 

adjustment or change at work for a reason related to a medical condition. You can use 

"plain English" to make your request and you do not have to mention the ADA or use 

the phrase "reasonable accommodation." 

Here are some examples: 

Example A: 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 

request for a reasonable accommodation. 

Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a 

back problem." This is a request for a reasonable accommodation. 

Example C: A new employee, who uses a wheelchair, informs the employer that her 

wheelchair cannot fit under the desk in her office. This is a request for reasonable 

accommodation. 

Example D: An employee tells his supervisor that he would like a new chair because his 

present one is uncomfortable. Although this is a request for a change at work, his 

statement is insufficient to put the employer on notice that he is requesting reasonable 

accommodation. He does not link his need for the new chair with a medical condition. 

Requests for reasonable accommodation do not have to be in writing so you can 

request accommodations in a face-to-face conversation or using any other method of 

communication. Your employer may choose to write a memo or letter confirming your 

request or may ask you to fill out a form or submit the request in written form, but the 

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employer cannot ignore your initial request. However, you may want to put your request 

in writing even if your employer does not require it. Sometimes it is useful to have a 

paper trail in case there is a dispute about whether or when you requested 

accommodation. 

From Reasonable Accommodation and Undue Hardship (EEOC Guidance) at 

http://www.eeoc.gov/policy/docs/accommodation.html. 

For more information regarding how to make a written accommodation request, visit 

Accommodation Request Letter at http://askjan.org/media/accommrequestltr.html. 

Do I have to tell my employer that I have a disability? 

Under the ADA, employers are only required to provide accommodations for employees 

who are experiencing workplace problems because of a disability. Therefore, unless 

you let your employer know that you have a disability, the employer is not obligated to 

consider accommodations under the ADA. 

How much medical information do I have to provide to my employer? 

Some employees do not want to give their employers a lot of details about their 

disability. If you prefer not to give a lot of information, you may want to limit the medical 

information you initially give to your employer when you request an accommodation. For 

example, you may want to tell your employer what you are having trouble doing, that the 

problem is related to a disability, and what your accommodation ideas are. Some 

employers will not ask for more information. However, employers have the right to 

request additional medical information when an employee requests an accommodation 

and if you do not provide it, the employer can deny your accommodation request. 

When an employee requests an accommodation and the disability or need for 

accommodation is not obvious, an employer may require that the employee provide 

medical documentation to establish that the employee has an ADA disability and needs 

the requested accommodation. 

For more information, visit Medical Inquiry in Response to an Accommodation Request

at http://askjan.org/media/medical.htm. 

What accommodations can I request? 

In general, an accommodation is any change in the work environment or in the way 

things are customarily done that enables an individual with a disability to enjoy equal 

employment opportunities. Under the ADA, employers are required to provide 

“reasonable” accommodations for employees with disabilities. Therefore, you can 

request any accommodation that is considered “reasonable.” 

Here are some examples of reasonable accommodations from the EEOC: 

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• 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 not considered forms of reasonable accommodation and therefore not 

required 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 

Note: While employers are not required to eliminate an essential function, lower a 

production standard, or provide personal use items, they can do so if they wish. 

The only limitation on an employer's obligation to provide reasonable accommodations 

is that no such change or modification is required if it would cause "undue hardship" to 

the employer. "Undue hardship" means significant difficulty or expense and focuses on 

the resources and circumstances of the particular employer in relationship to the cost or 

difficulty of providing a specific accommodation. Undue hardship refers not only to 

financial difficulty, but to reasonable accommodations that are unduly extensive, 

substantial, or disruptive, or those that would fundamentally alter the nature or operation 

of the business. An employer must assess on a case-by-case basis whether a particular 

reasonable accommodation would cause undue hardship. 

From Reasonable Accommodation and Undue Hardship (EEOC Guidance) at 

http://www.eeoc.gov/policy/docs/accommodation.html. 

How long does my employer have to respond to my accommodation request? 

According to the EEOC, there is no specific amount of time that employers have to 

respond to an accommodation request, but they should respond as quickly as possible. 

Unnecessary delays in responding or implementing an accommodation can result in a 

violation of the ADA. The EEOC provides the following examples: 

Example A: An employer provides parking for all employees. An employee who uses a 

wheelchair requests from his supervisor an accessible parking space, explaining that 

the spaces are so narrow that there is insufficient room for his van to extend the ramp 

that allows him to get in and out. The supervisor does not act on the request and does 

not forward it to someone with authority to respond. The employee makes a second 

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request to the supervisor. Yet, two months after the initial request, nothing has been 

done. Although the supervisor never definitively denies the request, the lack of action 

under these circumstances amounts to a denial, and thus violates the ADA. 

Example B: An employee who is blind requests adaptive equipment for her computer as 

a reasonable accommodation. The employer must order this equipment and is informed 

that it will take three months to receive delivery. No other company sells the adaptive 

equipment the employee needs. The employer notifies the employee of the results of its 

investigation and that it has ordered the equipment. Although it will take three months to 

receive the equipment, the employer has moved as quickly as it can to obtain it and 

thus there is no ADA violation resulting from the delay. The employer and employee 

should determine what can be done so that the employee can perform his/her job as 

effectively as possible while waiting for the equipment. 

From Reasonable Accommodation and Undue Hardship (EEOC Guidance) at 

http://www.eeoc.gov/policy/docs/accommodation.html, see question 10. 

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III. NEGOTIATING AN ACCOMMODATION 

How do I know if I am entitled to the accommodation I want? 

In general, to be entitled to an accommodation under the ADA, you must work for an 

employer with 15 or more employees (or a state or local government), you must be a 

person with a disability as defined in the ADA, and you must need the accommodation 

because of your disability. In addition, if there are other accommodations that will meet 

your needs, besides the one you want, your employer is free to choose among effective 

accommodation options. Finally, your employer can deny your accommodation if 

providing it would cause the employer an undue hardship. 

What if I am not sure what accommodation I need? 

Even if you are not sure what accommodation you need, you can go ahead and let your 

employer know that you need an adjustment or change at work because of a medical 

condition. Then, you and your employer can explore accommodation options together. 

If you want to research accommodation options yourself, you can call JAN to get 

accommodation ideas or look at JAN’s on-line accommodation publications at 

http://askjan.org/media/atoz.htm. 

What if my employer denies my accommodation request? 

If your employer denies your request, try to find out why so you know what to do next. 

For example, if your employer denied your request because your medical information 

did not show that you have a disability, you can provide additional information. Or, if 

your employer decided that the accommodation you requested would pose an undue 

hardship, you may want to suggest other options. 

If you do not think your employer had a valid reason to deny your request, or the 

employer will not tell you why the request was denied, you can appeal the decision by 

going up the chain of command, filing a grievance with your union if you have one, or 

filing a complaint with the EEOC or your state enforcing agency. 

For information regarding the complaint process, visit 

http://www.eeoc.gov/charge/index.html. 

For a list of state enforcing agencies, visit http://askjan.org/links/enforcement.htm. 

What if I need another accommodation in the future? 

The duty to provide reasonable accommodation is an ongoing one so you can ask for 

more than one accommodation if needed. An employer must consider each request for 

reasonable accommodation on a case by case basis. 

What if my employer retaliates against me for requesting an accommodation? 

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According to the EEOC, individuals who oppose unlawful employment discrimination, 

participate in employment discrimination proceedings, or otherwise assert their rights 

under the laws enforced by the EEOC are protected against retaliation. Therefore, if 

your employer retaliates against you for requesting an accommodation, you should 

report the retaliation to someone higher up in the company or agency or contact the 

EEOC immediately. 

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This document was developed by the Job Accommodation Network, funded by a 

contract agreement from the U.S. Department of Labor, Office of Disability Employment 

Policy (DOL079RP20426). The opinions expressed herein do not necessarily reflect the 

position or policy of the U.S. Department of Labor. Nor does mention of trade names, 

commercial products, or organizations imply endorsement by the U.S. Department of 

Labor.