The U.S. Equal Employment Opportunity Commission

REASONABLE ACCOMMODATIONS FOR 

ATTORNEYS WITH DISABILITIES 

INTRODUCTION 

Diversity in the legal profession has been the subject of much discussion and study for 

a number of years. A 2003 report by the U.S. Equal Employment Opportunity 

Commission (EEOC), entitled Diversity in Law Firms, notes the significant role that 

lawyers play in social, economic, and political life and the influence that minorities and 

women have been able to attain as their numbers in the legal profession increase.1

To date, individuals with disabilities generally have not been a part of the discussion 

about diversity in the legal profession. Yet, access to the profession is important for 

people with disabilities for the same reasons it is important to minorities and women. 

While there is little reliable data on the representation of individuals with disabilities in 

the legal profession, anecdotal evidence suggests that lawyers with disabilities face 

many of the same barriers to employment that people with disabilities face in other 

jobs. 

Among the problems lawyers with disabilities have cited is lack of access to 

reasonable accommodations. Title I of the Americans with Disabilities Act of 1990 

(ADA) requires private and state and local government employers with 15 or more 

employees to provide “reasonable accommodation” to qualified applicants and 

employees with disabilities, unless doing so would cause an undue hardship.2 Section 

501 of the Rehabilitation Act of 1973 imposes the same requirements on federal 

agencies, regardless of the number of employees they have.3

This fact sheet addresses the application of the reasonable accommodation obligation to attorneys and their employers.4

Attorneys with disabilities, both as applicants and employees,5 may need a range of accommodations in order to apply for 

and perform many types of legal jobs. Most of the accommodations that attorneys with disabilities may need are similar to 

those needed by other professionals with disabilities who work in an office setting. Thus, much of the discussion in this 

document will apply to a wide range of administrative and professional jobs. 

This fact sheet reviews many of the most common types of reasonable accommodations that lawyers with disabilities may 

need. 6 Some of these accommodations, such as modified schedules and telecommuting, are often used by legal employers 

generally to attract and retain attorneys. Many legal employers have recognized the importance of flexibility to remain 

competitive in hiring the best attorneys. For these employers, providing reasonable accommodation will be an extension of 

this approach. In addition, providing reasonable accommodation for qualified attorneys with disabilities serves the larger 

goal of enabling legal employers to diversify their workforce. 

A. General Information About Reasonable Accommodation 

Reasonable accommodation refers to 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. 

There are three categories of reasonable accommodation: 

z modifications to the job application process 

z modifications to the work environment or to the manner or circumstances under which the position held or desired is

customarily performed 

z modifications that enable an employee with a disability to enjoy equal benefits and privileges of employment (e.g., 

employer-sponsored training or social events).7

Reasonable accommodations remove workplace barriers that would otherwise impede qualified attorneys with disabilities 

Notice Concerning 

The Americans With 

Disabilities Act 

Amendments Act Of 

2008 

The Americans with Disabilities Act 

(ADA) Amendments Act of 2008 was 

signed into law on September 25, 

2008 and becomes effective January 

1, 2009. Because this law makes 

several significant changes, including

changes to the definition of the term 

"disability," the EEOC will be 

evaluating the impact of these 

changes on this document and other 

publications. See the list of specific 

changes to the ADA made by the 

ADA Amendments Act. 

Reasonable Accommodations for Attorneys with Disabilities Page 1 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
from competing for jobs, performing jobs, or gaining access to the benefits of employment. As with so many ADA issues, 

reasonable accommodation decisions should be made on a case-by-case basis after discussions that allow the employer to 

understand the nature of the accommodation(s) requested and the precise aspect of the application process, job, or benefit 

that poses a barrier. In some circumstances, an employer may also request documentation of the attorney’s disability. 

B. Misconceptions Concerning Attorneys with Disabilities and 

Reasonable Accommodation 

Some employers assume that all attorneys with disabilities will need reasonable accommodation or that accommodations 

will be too costly or difficult to provide. In fact, many attorneys with disabilities will never need reasonable accommodation 

and most accommodations can be provided at little or no cost.8 Employers also may mistakenly assume that if a person 

needs an accommodation, she is likely to be unable to meet expected performance measures – for example, satisfying a 

minimum number of billable hours. Indeed, managers in professions that require long hours, specialized skills, and stressful 

working conditions sometimes assume that persons with disabilities, or certain types of disabilities, are not capable of 

performing such work, especially if they request reasonable accommodation. 

The need for reasonable accommodation does not signal an inability to do the job. The purpose of workplace 

accommodations is to enable attorneys with disabilities to perform their jobs and meet the employer’s performance 

standards. 

C. Applicants and Reasonable Accommodation 

Employers may need to provide reasonable accommodation for the application process. Common forms of reasonable 

accommodation needed may include using sign language interpreters and providing written materials in alternative formats, 

such as Braille or large print. Employers may find it helpful to note on applications that applicants may request reasonable 

accommodation for the hiring process and to specify a contact person. 

Example 1: Juan, an associate with a medium-sized law firm, has a 

learning disorder (low processing speed). Juan has been working 

successfully at the firm for six months, but he is concerned that his 

disability is starting to create some difficulties in performing his job. 

Juan finds that his disability can cause him to become distracted but 

that he can fully compensate for this problem by dictating his 

thoughts into a tape recorder instead of writing or typing. Therefore, 

he requests that he be permitted to have a secretary transcribe his 

recordings. This accommodation enabled him to work successfully at 

his prior firm. Juan’s supervisor, a partner, denies the request, telling 

Juan that, “in a law firm these days, a competent lawyer has to be 

able to draft his own documents, not dictate them to someone else.” 

Juan leaves the firm soon thereafter. 

The firm may have violated the ADA. Even if the partner had 

questions about Juan’s competence, he should have considered that 

Juan had used this accommodation to work successfully at his prior 

firm. This would be a strong indication that the accommodation 

enables Juan to perform his job effectively. The ADA permits 

employers to discuss how accommodations work and to ensure that 

an employee is qualified to perform the essential functions – the 

primary job duties. Here, the partner never discussed his concerns 

with Juan or gave Juan an opportunity to respond. If this 

accommodation would have permitted Juan to perform his job, 

without causing undue hardship to the firm, then the partner’s denial 

is a violation of the ADA. 

Example 2: Using a relay service, Francesca, who is deaf, calls to 

schedule an interview with a law firm. She tells the secretary that she 

is deaf and will need a sign language interpreter. The secretary 

consults with the Human Resources Department which makes the 

arrangements. 

Reasonable Accommodations for Attorneys with Disabilities Page 2 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
Employers should consider whether their on-line recruiting and application systems afford access to the application process 

to individuals with disabilities who use specialized computer software (e.g., applicants with vision impairments who use 

screen reading or magnification software). 

During an interview, employers may not generally ask applicants if they need reasonable accommodation to perform a job. 

However, if an employer knows a particular applicant has a disability, either because it is obvious or because the person has

voluntarily revealed it, and the employer reasonably believes the disability might require accommodation to perform the 

job, the employer is entitled to ask the following two questions: 

z Do you need reasonable accommodation to perform the job? 

z If the answer is yes, what accommodation do you believe you need? 10

Employers can assist applicants in assessing whether they will need an accommodation by making clear the job 

requirements, the duties to be performed, and the expected level of performance. 

The need for reasonable accommodation is not a valid reason to reject an applicant. 

D. Requesting Reasonable Accommodation 

The ADA generally requires applicants and employees with disabilities to request reasonable accommodation, rather than 

requiring employers to ask if accommodation is needed.11 A request is the beginning of the reasonable accommodation 

process, not the end. The employer may have questions about the nature of the impairment – , whether it is a “disability” – 

and the requested accommodation. Those questions are addressed as part of “the interactive process” that follows the 

request. The interactive process is discussed in section F. 

To request a reasonable accommodation, an attorney must let the employer know that because of a medical condition he 

needs a change to the application process, to the job, or to a benefit of employment. An attorney does not have to mention 

the ADA, the Rehabilitation Act, or “reasonable accommodation” and does not have to provide evidence that the condition is 

a “disability” at the time the request is made. The attorney just has to make a “plain English” request for a change due to a 

medical condition. In some instances, a request for reasonable accommodation may come from a third party, for example a 

doctor’s note outlining work restrictions. 

Some employers may not appear open to receiving requests for reasonable accommodation, and some lawyers with 

disabilities may be reluctant to ask for accommodation because they are concerned that the employer will perceive them as 

less competent – even when the employer has done nothing to suggest that it has such a perception. However, as in other 

workplace settings, employees in the legal profession who need accommodation must request it and employers should be 

prepared to respond appropriately. 

Example 3: A law firm is interviewing several third year law students, 

one of whom uses a wheelchair. The firm practice is to take the 

students to lunch at a restaurant next door, but that restaurant has 

steps at the entryway. The managing partner instructs his secretary 

to change the reservation to an accessible restaurant down the 

street.9

Example 4: Omar, who has cerebral palsy, has recently been hired by 

a law firm. He finds that his physical limitations in using a computer 

keyboard, combined with the heavy workload and constant deadlines, 

are causing him to fall behind in his assignments. Omar is concerned 

about what the firm will think if he asks for a reasonable 

accommodation, but he talks to his supervising partner about voicerecognition software that would make it much easier to use a 

computer and therefore perform his work. The partner consults with 

the firm’s Information Technology department and the software is 

ordered and installed. Omar also receives specialized training in how 

to use the software. 

Example 5: Mary, a senior attorney with a federal agency, has bipolar 

disorder. Her agency is aware of her disability and has provided an 

accommodation. Mary’s doctor has recently changed her medication, 

Reasonable Accommodations for Attorneys with Disabilities Page 3 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
Employers can do a number of things to create a climate in which lawyers will request needed accommodation. For 

example: 

z They can adopt policies and procedures on how requests for accommodation will be handled and ensure that these 

policies are well publicized and implemented. 

z They can make sure that both employees and managers know that company policy supports full compliance with the 

ADA and the provision of reasonable accommodation. 

z They can require adequate training of supervisors, managers, and human resources professionals on handling 

requests for accommodation and other requirements of the ADA. 

E. When to Request a Reasonable Accommodation 

Individuals with disabilities may request reasonable accommodation at any time during the application process or during 

their employment.12 Some attorneys may choose to wait until they have a job offer before requesting a reasonable 

accommodation. Others may voluntarily raise the issue during the hiring process.13 And attorneys may develop disabilities 

during their employment, thus prompting a request for reasonable accommodation. 

The ADA does not compel attorneys to ask for accommodations at a certain time. However, failure to request needed 

accommodation in a timely manner (or to accept a proffered accommodation) could affect job performance and result in 

discipline or termination based on poor performance or conduct.14

which is resulting in temporary problems with concentration. At the 

same time, Mary is trying to cope with a change in her workload, thus 

resulting in a significant increase in stress. Mary contemplates 

requesting a reasonable accommodation, such as temporarily altering 

her work hours or removing several marginal functions. But, because 

she is concerned that her employer will view her as unable to meet 

job requirements if she asks for too many accommodations, Mary 

decides not to ask for the additional accommodation. 

Perhaps Mary can handle the change in medication, the changes in 

her workload, and the resulting increase in stress. However, if she 

cannot handle the stress and performance problems result, neither 

Mary nor her employer benefit. While it may be difficult for an 

attorney with a disability to ask for an accommodation, or multiple 

accommodations, it is better for both the attorney and the employer 

to deal with an accommodation request than to address performance 

problems that result from a failure to request a needed 

accommodation. 

Example 6: Roger is General Counsel of a major corporation. He 

develops macular degeneration and, as a result, requests from the 

senior vice president the services of a reader as a reasonable 

accommodation. He explains that his eyesight no longer permits him 

to read and that he must review many documents and contracts. The 

senior vice president agrees to this request. 

Example 7: An attorney at a nonprofit organization recognizes soon 

after she begins working that she is having difficulty following 

conversations at meetings because of her deteriorating hearing. While 

the attorney uses a hearing aid, it only helps her when talking directly 

to one person and not in a large room where many people participate 

in a discussion. The attorney believes that she would be able to hear 

if the employer provided a portable assistive listening device. The 

attorney brings the situation to her supervisor’s attention and 

explains that a simple assistive listening system would include an FM 

transmitter and microphone that could be placed at the center of a 

conference table and an FM receiver and headset that she would 

wear. The system would amplify speakers’ voices over the headset 

Reasonable Accommodations for Attorneys with Disabilities Page 4 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
F. Discussing a Request for Reasonable Accommodation: The 

Interactive Process 

The request for accommodation is the first step in an informal, interactive process between the attorney and the 

employer.15 This process will generally focus on two issues: whether the attorney has a “disability” as defined by the ADA 

without affecting the way in which other meeting participants would 

hear the conversation. The employer provides the reasonable 

accommodation and the attorney now performs all of her job duties 

successfully. 

Example 8: A county government attorney chooses not to disclose 

her hidden disability, even when she begins having performance 

problems that she believes are disability-related. Her supervisor 

notices the performance problems and counsels the attorney about 

her deficiencies, but the problems persist. The supervisor warns that 

if her work does not show improvement within the next two months, 

she will receive a written warning. At this point, the attorney discloses 

her disability and asks for reasonable accommodation. The supervisor 

should discuss the request and how the proposed accommodation will 

help improve the attorney’s performance. The two-month period to 

evaluate the attorney’s performance should be suspended pending a 

decision on her request for reasonable accommodation. 

Example 9: Same facts as in Example 8, but the supervisor’s 

response to the request for reasonable accommodation is to deny it 

immediately, explaining, “You should not have waited until problems 

developed to tell me about your disability.” The attorney, however, 

did not realize that she had any serious performance problems until 

her supervisor brought them to her attention, thus prompting her to 

request accommodation. The supervisor should not have summarily 

dismissed the request but instead should have discussed it, gathered 

more information if necessary, and determined whether a reasonable 

accommodation for a disability was needed. Then, as in Example 8, 

the two-month period could commence to measure whether the 

attorney’s performance improved. 

Example 10: An attorney with a small firm has a learning disability 

and does not request accommodation during the application process 

or when he begins working. Because the attorney had a bad 

experience at a prior job when he requested accommodation, he 

decides not to disclose his disability or ask for any accommodations. 

Performance problems soon arise, and the attorney’s supervising 

partner brings them to the attorney’s attention. He tries to solve the 

problems on his own, but they persist and he is counseled on 

improving his performance. The firm follows its policy on counseling 

and disciplining attorneys who are failing to meet minimum 

requirements, but these efforts are unsuccessful. During this entire 

period, when the attorney is receiving counseling and warnings, he 

does not ask for reasonable accommodation. However, when the 

partner meets with the attorney to fire him, then the attorney reveals 

a disability and requests accommodation. 

The attorney’s request for reasonable accommodation is too late. 

Reasonable accommodation is always prospective. Therefore, an 

employer is not required to excuse performance problems that 

occurred prior to the accommodation request. While it may be 

understandable that the attorney’s prior experience made him 

reluctant to ask for accommodation, his failure to do so was a 

mistake. The firm correctly responded to the attorney’s performance 

problems and gave him sufficient opportunity to make changes and 

request accommodation. Once an employer makes an employee 

aware of performance problems, it is the employee’s responsibility to 

request any accommodations to address and rectify them. 

Reasonable Accommodations for Attorneys with Disabilities Page 5 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
and why the requested accommodation is needed. In many instances, a simple conversation between the employer and the 

attorney will suffice to clarify and resolve these issues. However, when the disability and/or the need for accommodation are

not obvious, the employer may ask the attorney for additional information. The employer may also seek, if necessary, 

reasonable documentation from an appropriate health care or vocational rehabilitation professional about the attorney’s 

disability and functional limitations.16 The employer is entitled to know that the attorney has a covered “disability” for which

he needs a reasonable accommodation. But, the employer is not entitled to obtain all of an attorney’s medical records, since

they will contain far more information than is necessary to determine whether a “disability” exists and why there is a need 

for reasonable accommodation. 

An employer that requests documentation should specify what types of information it needs regarding the disability, its 

functional limitations, and/or the need for reasonable accommodation. In some instances, the employer may obtain needed 

information by asking the attorney to sign a limited release allowing the employer to submit a list of specific questions to 

the health care or rehabilitation provider, or by requesting that the attorney submit the questions to the provider directly. 

These questions should avoid legal terminology and relate only to the condition for which the attorney is requesting 

accommodation and the job-related barriers she is experiencing. Asking the attorney or her health care provider vague 

questions increases the likelihood of receiving vague answers. 

The employer should be clear about the purpose for asking such questions, i.e., a specific question should be designed to 

elicit information to enable the employer to determine if the attorney has an ADA “disability,” why a reasonable 

accommodation is needed, or other possible accommodations that would meet the attorney’s needs. Clearly, the employer 

must understand the nature of the problem, how it is connected to the disability, and how a suggested accommodation 

would resolve the problem before she can assess what accommodation might be appropriate.17

Unproductive approach: Does Jane Doe’s condition substantially limit 

a major life activity? 

Better approach: Please specify all activities that are limited by Jane 

Doe’s asthma. For example, does Ms. Doe’s asthma affect her ability 

to breathe? To walk? Any other activities? For all activities affected by 

Ms. Doe’s asthma, please indicate: 1) the degree of limitation (e.g., 

under certain specified conditions she can have an asthma attack that 

will result in severe difficulty breathing and require that she go to the 

hospital; Ms. Doe experiences minor breathing difficulties during 

spring and fall allergy seasons) and 2) the frequency with which these 

limitations occur (e.g., constantly, every few weeks, every two 

months, only during certain seasons, when confronted with high 

levels of stress). 

Example 11: Rebecca, an in-house attorney, asks her supervisor to 

make several changes to accommodate her chronic fatigue syndrome. 

She requests that she be allowed to arrive at work at 10:00 a.m. 

(and correspondingly work later in the evening), that meetings not be 

scheduled before 10:00 a.m., if possible, and that she be given a 

reclining chair in her office. The general starting time is 8:30 a.m. 

and no attorneys have reclining chairs. The employer asks for a more 

specific explanation regarding the connection between the chronic 

fatigue syndrome and the accommodations requested. The attorney 

explains that she has a condition closely associated with chronic 

fatigue syndrome which results in low blood pressure. This, in turn, 

results in lightheadedness, and she occasionally faints. After such 

episodes, she feels tired and groggy and experiences problems 

concentrating for at least a couple of hours. The low blood pressure is 

more likely to occur during the early morning hours and after 

prolonged periods of sitting. Rebecca explains that the 

accommodations she is requesting are designed to enable her to work 

a full day, uninterrupted by any symptoms, by starting work at 10:00 

a.m. and by avoiding the need to sit or stand for prolonged periods. A 

reclining chair would enable her to avoid sitting upright, thus 

preventing the onset of the low blood pressure and enabling her to 

continue working. Since Rebecca’s job involves numerous telephone 

conversations and significant amounts of reading, she can use the 

reclining chair when her symptoms prevent sitting at her desk. Her 

request to schedule meetings at a later hour, where possible, would 

enable her to avoid missing important work. 

Reasonable Accommodations for Attorneys with Disabilities Page 6 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
In some instances, it will immediately be clear whether a proposed accommodation will be effective. In other instances, an 

employer may have to consider more carefully whether an accommodation will work. The attorney should inform his 

employer whether he has used a proposed accommodation before – for example, at a previous job or in school – and if so, 

how well it worked. 

Changes in the disability or changes to a job may require an accommodation that the attorney has never before used. When

this is the case, an employer should not simply dismiss the possibility that an accommodation may work. Depending on the 

type of accommodation, an employer in this situation may wish to propose providing the accommodation on a trial basis to 

determine its effectiveness. 

G. Types of Reasonable Accommodations 

Reasonable accommodations for attorneys may take many forms. Common examples18 include:

z making existing workplaces accessible (e.g., installing a ramp, widening a doorway, or reconfiguring a workspace) 

z job restructuring (e.g., removing a marginal function)19

z part-time or modified work schedules 

z unpaid leave once an employee has exhausted all employer-provided leave (e.g., vacation leave, sick leave, personal

days) 

z acquiring or modifying equipment (e.g., a TTY that would enable a deaf attorney to use a telephone relay service, or 

an assistive listening device that an attorney who is hard of hearing can use at a meeting) 

z modifying workplace policies 

z providing tests or training materials in an alternative format, such as Braille or large print or on audiotape 

z providing qualified readers or sign language interpreters 

z permitting telework, even if the employer does not have an established telework program or the employee with a 

disability has not met all the prerequisites to qualify for an existing telework program (e.g., length of service)20

z changing the methods of supervision (e.g., supervising partner provides associate with critiques of his work through 

e-mail rather than face-to-face meetings)21

z reassignment to a vacant position.22

This list of accommodations is not exhaustive. For example, lawyers with disabilities affecting arm strength and the ability to

pull and push might require automatic door openers. A lawyer with a vision impairment may need a screen reading program

for a computer, and a lawyer whose disability prevents typing may need voice-recognition software. 

The employer requests documentation to substantiate Rebecca’s 

medical condition, the symptoms she experiences, and the need for 

the accommodations she identifies. The doctor provides information 

that corroborates Rebecca’s description of her chronic fatigue 

syndrome and low blood pressure, that explains how reclining, as 

opposed to sitting, can avoid the onset of low blood pressure, and 

that concludes that Rebecca should be able to work a full day with 

these accommodations. Assuming the lawyer has a “disability,” and 

absent any undue hardship, the employer must provide these 

accommodations or alternative ones that address her limitations and 

enable her to perform the essential functions of her position. 

Example 12: Deborah required extensive leave due to leukemia. 

While the firm granted the leave, her supervising partner wants to 

give her an unsatisfactory review because she did not bill the required 

number of hours due to her use of extended leave. Penalizing 

Deborah with a poor review would be a violation of the ADA because 

it would render the leave an ineffective accommodation and would 

constitute retaliation for her use of a reasonable accommodation.23

The firm should evaluate Deborah’s performance taking into account 

her productivity for the months she did work. It might also choose to 

delay her evaluation for several months or do an interim evaluation 

Reasonable Accommodations for Attorneys with Disabilities Page 7 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
Sometimes employers are quick to provide items that they expect a person with a disability will need, while slow to grant 

requests for unexpected things. If employers are uncertain why something is needed, they should ask. Often, the 

unexpected items may be the easiest to provide (e.g., special office supplies may be necessary because of a disability, such 

as certain types of pens for attorneys with limited use of their hands). 

In some situations reasonable accommodation is needed to make the working environment more accessible to attorneys 

with disabilities. For example, an employer might have to install flashing emergency lights or provide a personal digital 

assistant (PDA) to notify an attorney who is deaf of an emergency situation. Employers also might need to shift furniture to 

make it easier for an attorney who uses a wheelchair to navigate through the office. 

While most forms of reasonable accommodation cost little or nothing to provide, some forms of accommodation may entail 

higher expenses. Before investing money for more expensive accommodations, the employer and the attorney may wish to 

explore whether a demonstration of the accommodation can be arranged. If an attorney has used an accommodation 

before, and can give a detailed explanation of how it will work, setting up a demonstration may not be necessary. 

Employers that are concerned about an accommodation’s cost may choose to explore the possibility that an accommodation 

can be provided through vocational rehabilitation agencies or other federal or state programs. However, an employer who 

can pay the cost of a reasonable accommodation without undue hardship cannot refuse to provide an accommodation 

because it cannot be obtained through some other source.24

H. Actions Not Required as Reasonable Accommodation 

Certain actions are not required as reasonable accommodations. 

z Employers are never required to remove an “essential function” – i.e., a fundamental job duty. An attorney with a 

and allow Deborah to resume a normal workload, thus enabling the 

firm to do a more accurate review of her work. 

Example 13: Jonathan, a trial attorney working for a federal agency, 

asks for a reassignment to a less-demanding position because he 

finds the long hours and constant deadlines increasingly difficult to 

handle due to Parkinson’s disease. The agency has a vacancy for an 

attorney to draft agency policy directives and respond to legal 

inquiries from agency field offices and the public. The job does not 

require the same long hours as his current litigation position and he 

would have more control over the pace of work. Since Jonathan 

meets the qualifications for this position and the position is at the 

same grade level as his current job, the agency must reassign him 

unless it can show undue hardship. 

Example 14: Emily has lymphedema which causes a buildup of 

lymphatic fluids in her right leg. The swelling is painful and makes it 

very difficult to walk more than very short distances, thus affecting 

Emily’s ability to commute to work. She provides documentation from 

her doctor confirming that the lymphedema is a chronic condition that 

has worsened in the last few months. The doctor does not expect any 

improvement in the next several months. As a reasonable 

accommodation, Emily requests that she be allowed to work from 

home three days a week. Much of her work involves writing and 

reviewing documents which she can do using a computer. She also 

can communicate with clients and colleagues through use of the 

phone and e-mail. The doctor’s letter explains that the three days 

working at home will ease the pain and make it tolerable for Emily to 

commute the other two days. Emily and her supervising partner work 

out an appropriate schedule and methods for ensuring that work is 

completed in a timely manner. Emily also agrees that, with notice, 

she can switch days working in the office if she needs to attend a 

meeting. The partner agrees to this schedule for four months as long 

as Emily’s condition does not improve. After four months, the partner 

will request an update on Emily’s condition to determine if she still 

requires telework as a reasonable accommodation or any modification 

to this arrangement due to any changes in her condition. 

Reasonable Accommodations for Attorneys with Disabilities Page 8 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
disability must be able to perform the essential functions of his position, with or without reasonable accommodation. 

Conducting legal research, writing motions and briefs, counseling clients, teaching a law course, drafting regulations 

and opinion letters, presenting an argument before an appellate court, drafting testimony for a legislative body, and 

conducting depositions and trials are examples of what may be essential functions for many legal positions. 

Employers should be careful to distinguish essential functions from marginal functions -- duties that are tangential or

secondary to the primary job duties. While essential functions never have to be removed from a position, marginal 

functions may have to be removed as a reasonable accommodation if a person cannot perform them because of a 

disability. 

z Employers are not required to lower or eliminate production standards for essential functions, either quantitative or 

qualitative, that are uniformly applied. For example, a law firm may require attorneys with disabilities to produce the

same number of billable hours as it requires all similarly-situated attorneys without disabilities to produce. 

Reasonable accommodation may be needed to assist an attorney to meet the billable hours requirement, but it 

would not be a form of reasonable accommodation to exempt an attorney from this requirement. 

Employers should make clear their expectations on production standards, the work that must be produced, and any 

timetables for producing it. If problems arise in any of these areas, supervisors should immediately discuss them 

with the attorney with a disability just as they would with any other attorney. On the other hand, if an attorney 

recognizes that a workplace problem is connected to a disability, the attorney should raise the issue of reasonable 

accommodation to correct the problem, thus enabling the attorney to meet the employer’s expectations.25

z Employers are not required to change an attorney’s supervisor as a reasonable accommodation.26 However, nothing 

in the ADA would prevent an employer and attorney from agreeing to a supervisory change for reasons related to a 

disability. 

z Employers are not required to withhold discipline warranted by poor performance or conduct.27 (See Example 10.) 

z Employers do not have to provide “personal use” items needed in accomplishing daily activities both on and off the 

job. Thus, an employer is not required to provide an attorney with a wheelchair, hearing aids, or similar devices if 

they are also needed outside of the workplace. 

I. Management Should Respond Quickly to Requests for 

Accommodation 

After receiving a request for reasonable accommodation, an employer should move expeditiously to respond to it, seeking 

any additional information that is needed, and make a determination.28 In some cases, there will be an urgent need to 

make a determination. 

In other situations, time may not be as critical, but it is always best to make responding to a request a priority. This is 

especially true when there may be a need to obtain documentation on the disability and/or need for the accommodation or 

to consult with outside sources on possible accommodations. Employers should keep the attorney informed of developments

and explain any delays in processing the request or providing the accommodation. Any unnecessary delay in responding to 

a request for reasonable accommodation could result in a violation of the ADA. 

Example 15: A senior associate with multiple sclerosis practices 

trusts and estates law. The essential functions of her position 

include drafting wills, providing representation at probate 

hearings, and counseling clients on complex tax implications 

related to the transfer of property. In order to conserve the 

limited energy that results from her disability, the attorney 

requests that her employer no longer require that she serve on 

the firm’s hiring committee. The attorney and firm determine 

that this is a marginal function and should be eliminated so that 

she can focus her limited energy on performing the essential 

functions. 

Example 16: A law firm’s mergers and acquisitions department 

announces on Monday that all attorneys are expected to attend a 

staff meeting on Wednesday. A deaf attorney requests a sign 

language interpreter. The firm must move quickly to provide an 

interpreter for the meeting. 

Reasonable Accommodations for Attorneys with Disabilities Page 9 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
J. Management May Choose Between Effective Accommodations 

In many situations, more than one possible accommodation may meet the needs of the attorney with a disability. The ADA 

requires that any accommodation chosen be reasonable and effective in eliminating the workplace barrier.29 While the 

employer should give serious consideration to a specific accommodation requested by an attorney, the employer is not 

required to provide that accommodation. The employer may choose among reasonable accommodations as long as the 

chosen accommodation is effective in eliminating the workplace barrier.30 This means an employer is free to choose a less 

expensive or less burdensome alternative if it will still be effective in meeting the attorney’s needs. If an attorney has 

problems with an accommodation suggested by management, she should explain why it is ineffective, or less effective, in 

eliminating a workplace barrier, and not merely object to the alternative accommodation.31

Sometimes the goal in the interactive process may be to identify several types of effective accommodations, to assess their 

relative merits, to get the attorney’s input on what he prefers and why, and then to have the employer make a decision. 

While employees often have suggestions for possible accommodations, employers should be actively involved in proposing 

ideas based on a thorough understanding of the workplace barrier. The employer may seek assistance from a variety of 

sources on possible accommodations, including the Job Accommodation Network, Disability and Business Technical 

Assistance Centers, disability organizations, and the EEOC.32

K. Employers May Need to Provide More Than One Accommodation 

Sometimes an attorney may need only one accommodation, while in other cases she may need two or more 

accommodations.33 The need for reasonable accommodation also can change over time, particularly for degenerative 

disabilities.34 Attorneys with disabilities should not assume that since they asked for accommodation once, the employer 

knows when a different accommodation is needed. To the contrary, attorneys should make a new request if a current 

accommodation no longer works or if an additional accommodation is required. If it is unclear why a new accommodation is 

needed, an employer should again engage in the interactive process. Generally, an employer should not ask for additional 

information to establish that the attorney has an ADA “disability” unless previous information suggested that the disability 

or its limitations would be of limited duration.35

Example 17: A deaf summer associate will accompany a litigator to 

an all-day deposition. He requests two sign language interpreters. 

The law firm suggests that one interpreter should be sufficient. The 

associate explains that a sign language interpreter cannot interpret 

for several consecutive hours. In order to avoid calling frequent 

breaks in the deposition, the associate believes that two interpreters 

are needed. The firm agrees and makes the arrangements. 

Example 18: A law professor with a visual disability finds that the 

glare created from light coming through her office window makes it 

very difficult to read. She explains the problem to the head of her 

department and requests that she be moved to an office without a 

window. While such an office is available, the department head asks if 

curtains or shades would solve the problem. The professor agrees 

that they would and the department head makes arrangements for 

shades to be installed rather than moving the professor to a new 

office. 

Example 19: A senior associate has multiple sclerosis. As a 

reasonable accommodation, he is allowed to work a flexible schedule 

as long as he coordinates his hours with other attorneys in his 

practice area. He also is allowed to work from home when his 

disability flares up and makes commuting to work more difficult. The 

attorney’s eyesight is beginning to deteriorate severely as a result of 

the disability. He raises the issue of his failing eyesight with the firm’s 

human resources department, which handles most accommodation 

requests, and asks if he might be assigned additional secretarial help. 

The human resources manager does some research and learns about 

equipment that he believes may enable the attorney to continue 

reviewing and drafting documents on a computer, including software 

that will read information on the screen and an optical scanner that 

Reasonable Accommodations for Attorneys with Disabilities Page 10 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
It is always a good idea for an employer to consult with the attorney after providing a reasonable accommodation to ensure 

that it is working as expected. Sometimes, despite everyone’s best intentions, a reasonable accommodation does not work. 

In that case, the employer should consider whether there is another accommodation that would work and would not cause 

undue hardship.36

L. Thinking Ahead Can Avoid Future Problems 

Sometimes employers make major changes in the work environment that affect all employees but may have a particular 

impact on attorneys with disabilities, such as changes to information technology or relocation of physical facilities. 

Consulting with an attorney with a disability before making such changes can avoid problems and save money. 

Employers also should include employees with disabilities when reviewing or making changes to emergency protocols.38

This includes ensuring that employees with certain disabilities are promptly made aware of emergency situations (e.g., 

installing flashing lights in addition to alarm bells) and that appropriate plans are in place for the evacuation of anyone with 

a mobility impairment. 

M. Reasonable Accommodation to Gain Equal Access to Benefits of 

Employment 

The reasonable accommodation obligation extends to ensuring equal access to the “benefits and privileges of 

employment.”39 Benefits and privileges of employment include, but are not limited to, employer-sponsored: (1) training 

that can lead to employee advancement (whether provided by the employer or an outside entity);40 (2) services (e.g., 

employee assistance programs, credit unions, cafeterias, lounges, gymnasiums, auditoriums, transportation); and (3) social 

and professional functions (e.g., parties to celebrate retirements and birthdays, company retreats, and outings to 

restaurants, sporting events, or other entertainment activities). Benefits and privileges of employment also include access 

to information communicated in the workplace, such as through e-mail, public address systems, or during meetings, 

whether or not that information relates directly to performance of an attorney’s essential job functions. 

can be used to convert printed material into an electronic format. The 

attorney agrees that this equipment should meet his needs. The firm 

purchases the equipment and provides the attorney with appropriate 

training on how to use it. 

Example 20: A law firm intends to move into a building that is under 

construction. The firm has a mid-level associate who uses a 

wheelchair. The firm consults with the attorney about what questions 

it should ask the building owner and its architectural firm to ensure 

accessibility. The attorney provides a list of items addressing areas 

such as the entry to the building, the elevators, the restrooms, the 

parking lot, the stairwells (to ensure they are designed appropriately 

for emergency evacuation), and the firm’s own space. The firm 

discusses the attorney’s concerns with the building owners and the 

architectural firm, and continues to consult with the associate 

throughout the building process to ensure the new space is 

accessible. Involving the employee with a disability helps ensure 

compliance with Title III of the ADA,37 which requires that newly 

constructed buildings meet certain accessibility standards. Moreover, 

the employee may require additional adaptations not mandated by 

Title III, but nonetheless required as a reasonable accommodation 

(absent undue hardship) under Title I. Ensuring that accessibility 

features are built into the new structure avoids the difficult and 

potentially more expensive situation of considering retrofits after the 

building’s completion. 

Example 21: A corporation provides parking for its employees. 

Parking spaces are unassigned. An attorney has severe emphysema 

and asks for a parking space next to the door. His disability requires 

constant use of a portable oxygen tank which, in turn, restricts him 

Reasonable Accommodations for Attorneys with Disabilities Page 11 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
An employer’s obligation to make a benefit accessible with reasonable accommodation does not require the employer to 

provide an alternative benefit.41

N. Limitation on Providing Reasonable Accommodation: Undue 

Hardship 

An employer has no obligation to provide a specific form of reasonable accommodation if it will cause “undue hardship,” i.e.,

significant difficulty or expense.42 Employers should not assume that because one accommodation would result in undue 

hardship, there would be undue hardship in providing any accommodation. Undue hardship must be determined on a caseby-case basis, taking into consideration the following factors: 

z the nature and cost of the accommodation needed 

z the overall financial resources of the facility making the reasonable accommodation; the number of persons 

employed at this facility; the effect on expenses and resources of the facility 

z the overall financial resources, size, number of employees, and type and location of facilities of the employer (if the 

facility involved in the reasonable accommodation is part of a larger entity) 

z the type of operation of the employer, including the structure and functions of the workforce, the geographic 

separateness, and the administrative or fiscal relationship of the facility involved in making the accommodation 

z the impact of the accommodation on the operation of the facility.43

If the employer determines that the cost of a reasonable accommodation constitutes an undue hardship, it should consider 

whether some or all of the cost can be offset. In some instances, state rehabilitation agencies or disability organizations 

from walking even relatively short distances. The attorney is seeking 

an accommodation to use the employer-provided benefit. Therefore, 

the employer should reserve a parking space next to the door for use 

by the attorney as a reasonable accommodation, if there is no undue 

hardship, in order to provide him equal access to the parking benefit. 

Example 22: A corporation subsidizes paid parking for its employees. 

A lawyer with epilepsy does not drive because of her disability. She 

requests that the employer provide her with the cash equivalent of 

the parking subsidy as a reasonable accommodation so that she can 

use the money to pay for her transportation. The employer does not 

have to grant this request because the attorney is asking the 

employer to provide her with a different benefit – subsidized use of 

public transportation. The employer has the right to choose to provide 

paid parking while not providing subsidies for use of public 

transportation. The fact that the lawyer’s disability does not allow her 

to make use of the paid parking does not require the employer to 

provide her with a different benefit. 

Example 23: A law firm based in New York has offices in four other 

cities. The firm has an executive committee comprised of partners 

from each office that sets salaries, establishes hiring policies, 

determines billing rates, and makes partnership decisions. The 

Atlanta office is considering hiring a blind attorney who has requested 

the following: a screen reader computer program that converts what 

is on the screen to speech; a computer program that scans written 

text and reads it aloud; a Braille printer; and a screen magnification 

program. In determining whether undue hardship exists, the Atlanta 

office must look at not only its resources but the resources of the 

entire firm. The Atlanta office is not an independent entity but 

maintains an integrated administrative and fiscal relationship with the 

head office in New York and the other offices; therefore, the 

resources of the entire firm must be taken into account in assessing 

undue hardship. 

Reasonable Accommodations for Attorneys with Disabilities Page 12 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
may provide certain accommodations at little or no cost.44 An employer should also determine whether it is eligible for 

certain tax credits or deductions to offset the cost of the accommodation.45 But, an employer cannot claim undue hardship 

solely because it cannot obtain a reasonable accommodation at little or no cost, or because it is ineligible for a tax credit or 

deduction. 

An employer cannot claim undue hardship based on employees’ fears or prejudices about the attorney’s disability. Similarly, 

employers cannot base an undue hardship decision on the fears, prejudices, or preferences of clients or the public.46

However, undue hardship may exist if a particular form of reasonable accommodation actually disrupts the ability of other 

attorneys and employees to do their jobs. 

O. Legal Enforcement 

Private Sector/State and Local Governments 

An attorney who believes that his employment rights have been violated on the basis of disability and wants to make a 

claim against an employer must file a “charge of discrimination” with the EEOC. The charge must be filed by mail or in 

person with a local EEOC office within 180 days from the date of the alleged violation. The 180-day filing deadline is 

extended to 300 days if a state or local anti-discrimination law also covers the charge.47

The EEOC will notify the employer of the charge and may ask for a response and supporting information. Before a formal 

investigation, the EEOC may select the charge for its mediation program. Participation in mediation is free, voluntary, and 

confidential. Mediation may provide the parties with a quicker resolution of the case. 

If mediation is not pursued or is unsuccessful, the EEOC investigates the charge to determine if there is “reasonable cause” 

to believe discrimination occurred. If reasonable cause is found, the EEOC will then try to resolve the charge. In some cases,

where the charge cannot be resolved, the EEOC will file a court action. If the EEOC finds no discrimination, or if an attempt 

to resolve the charge fails and the EEOC decides not to file suit, it will issue a notice of a “right to sue,” which gives the 

charging party 90 days to file a lawsuit. A charging party also can request a notice of a “right to sue” from the EEOC 180 

days after the charge first was filed with the EEOC. 

For a detailed description of the process, please refer to the EEOC website at 

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

Federal Government 

An applicant or employee who believes that her employment rights have been violated on the basis of a hearing disability 

and wants to make a claim against a federal agency must file a complaint with that agency. The first step is to contact an 

EEO Counselor at the agency within 45 days of the alleged discriminatory action. The individual may choose to participate in

either counseling or in Alternative Dispute Resolution (ADR) if the agency offers this alternative. Ordinarily, counseling must

be completed within 30 days and ADR within 90 days. 

At the end of counseling, or if ADR is unsuccessful, the individual may file a complaint with the agency. The agency must 

conduct an investigation unless the complaint is dismissed. If a complaint contains one or more issues that must be 

appealed to the Merit Systems Protection Board (MSPB), the complaint is processed under the MSPB’s procedures. For all 

other EEO complaints, once the agency finishes its investigation the complainant may request a hearing before an EEOC 

administrative judge or an immediate final decision from the agency. 

In cases where a hearing is requested, the administrative judge issues a decision within 180 days and sends the decision to 

both parties. If the agency does not issue a final order within 40 days after receiving the administrative judge’s decision, the

Example 24: Rachel, a city government attorney, seeks and is 

granted a modified work schedule because of her disability. Rachel’s 

job requires that she work closely with department attorneys as well 

as other employees. Her new schedule means she often is not 

available when other attorneys and employees need her assistance, 

thus resulting in missed deadlines and incomplete work. Additionally, 

other attorneys are handling more requests for assistance because of 

Rachel’s new schedule. Rachel’s new schedule is causing an undue 

hardship on the agency because it adversely affects the ability of 

other employees to perform their essential functions in a timely 

manner. 

Reasonable Accommodations for Attorneys with Disabilities Page 13 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
decision becomes the final action of the agency. 

A complainant may appeal to EEOC an agency’s final action within 30 days of receipt. The agency may appeal a decision by 

an EEOC administrative judge within 40 days of receiving the administrative judge's decision. 

For more information concerning enforcement procedures for federal applicants and employees, visit the EEOC website at 

http://www.eeoc.gov/facts/fs-fed.html. 

Endnotes

1 See http://www.eeoc.gov/stats/reports/diversitylaw/index.html#intro.

2 See 42 U.S.C. §§ 12111(2) and (5), 12112(b)(5)(A); 29 C.F.R. §§ 1630.2(b), (d) and (e), 1630.9(a). Pursuant to Title II 

of the ADA, state and local government agencies with fewer than 15 employees must follow the same employment 

discrimination rules as found under Title I. 28 C.F.R. § 35.140(b)(2). 

3 29 U.S.C. § 791(g); 29 C.F.R. § 1614.203(b). This document will use the term “ADA” to refer to both the Americans with 

Disabilities Act and the Rehabilitation Act. 

4 In 1999, the U.S. Equal Employment Opportunity Commission (EEOC) issued a comprehensive Enforcement Guidance 

addressing many legal, policy, and practical concerns involving the “reasonable accommodation” obligation. EEOC 

Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (rev. 

Oct. 17, 2002) at www.eeoc.gov/policy/docs/accommodation.html [hereinafter “Reasonable Accommodation”]. Readers who

want more specific information about the topics discussed in this Fact Sheet should consult the Guidance. 

In addition to the Guidance, the EEOC has published documents on many other ADA-related subjects, including specific 

disabilities or types of disabilities (e.g., psychiatric disabilities, cancer, and diabetes) and the rules regarding when 

employers may require applicants and employees to answer disability-related questions and undergo medical examinations. 

The ADA, the implementing regulations and its appendix, and all of the EEOC’s ADA-related documents cited in this fact 

sheet (as well as others) can be found at EEOC’s website, www.eeoc.gov. 

5 Under some circumstances, partners may be considered employees entitled to the protection of the employment antidiscrimination laws. The position title is not determinative. Rather, whether a partner is considered an employee depends on

the level of control the organization has over the partner. See Clackamas v. Gastroenterology Assocs, P.C. v. Wells, 538 

U.S. 440, 448-51 (2003). 

6 This fact sheet is not intended to be a basic primer on the legal requirements regarding reasonable accommodation; nor 

will it provide a full discussion of many important ADA terms and concepts, such as the definitions of “disability,” “qualified,”

and “essential functions.” See 42 U.S.C. §§ 2102(2), 12111(8); 29 C.F.R. §1630.2(g)-(n); 29 C.F.R. pt. 1630 app. §§ 

1630.2(g)-(n). More information on these terms and concepts can be found in the appendix to the ADA regulations and 

EEOC’s ADA-related documents referred to in note 4, supra. See also Section H, infra, “Actions Not Required as Reasonable 

Accommodation,” for examples of possible essential functions of an attorney. 

7 29 C.F.R. § 1630.2(o)(1)(i-iii) (emphasis added). 

8 The Job Accommodation Network (JAN) provides information about the costs of reasonable accommodation at 

www.jan.wvu.edu/portals/faqs.html#fund and www.jan.wvu.edu/media/LowCostHighImpact.pdf. 

9 See section M, infra, “Reasonable Accommodation To Gain Equal Access To Benefits of Employment.”

10 See pages 6-8 in the EEOC Enforcement Guidance: Preemployment Disability-Related Questions and Medical 

Examinations (1995) at www.eeoc.gov/policy/docs/preemp.html. While employers may ask a specific applicant with a 

disability about the need for reasonable accommodation, the employer may not ask questions about the disability (e.g., how

long has the applicant had the disability, what treatment does he receive, what is the prognosis). Such questions are 

prohibited prior to making a job offer. 

11 See Questions 1-3 in “Reasonable Accommodation,” supra note 4. See, e.g., EEOC v. Sears, Roebuck & Co., 417 F.3d 

789 (7th Cir. 2005); Smith v. Henderson, 376 F.3d 529 (6th Cir. 2004); Estades-Negroni v. Associates Corp. of N. Am., 377

Reasonable Accommodations for Attorneys with Disabilities Page 14 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
F.3d 58 (1st Cir. 2004); Russell v. TG Mo. Corp., 340 F.3d 735 (8th Cir. 2003); Taylor v. Phoenixville Sch. Dist., 184 F.3d 

296 (3d Cir. 1999); and Taylor v. Principal Fin. Group, 93 F.3d 155 (1996 5th Cir.). 

12See Question 4 in “Reasonable Accommodation,” supra note 4.

13See Questions 5 and 16 in the EEOC Fact Sheet on Job Applicants and the Americans with Disabilities Act (2003) at 

www.eeoc.gov/facts/jobapplicant.html. 

14 See 29 C.F.R. § 1630.9(d). See, e.g., Alexander v. Northland Inn, 321 F.3d 723 (8th Cir. 2003); Conneen v. MBNA Am. 

Bank N.A., 334 F.3d 318 (3d Cir. 2003). But see Fenney v. Dakota Minn. & E.R.R. Co., 327 F.3d 707 (8th Cir. 2003) 

(employer’s motion for summary judgment denied where plaintiff showed that his repeated requests for reasonable 

accommodation were ignored, thus causing him to take a demotion to avoid termination). 

15 29 C.F.R. § 1630.2(o)(3); 29 C.F.R. pt. 1630 app. §§ 1630.2(o), 1630.9. See also Question 5 in “Reasonable 

Accommodation,” supra note 4. See, e.g., EEOC v. Sears, Roebuck & Co., 417 F.3d 789 (7th Cir. 2005); Bartee v. Michelin 

N. Am., Inc., 374 F.3d 906 (10th Cir. 2004); Brown v. Tucson, 336 F.3d 1181 (9th Cir. 2003); EEOC v. United Parcel Serv., 

Inc., 249 F.3d 557 (6th Cir. 2001); Wells v. Shalala, 228 F.3d 1137 (10th Cir. 2000); Taylor v. Phoenixville Sch. Dist., 184 

F.3d 296 (3d Cir. 1999). 

16 See Questions 6-8 in “Reasonable Accommodation,” supra note 4. See e.g., Templeton v. Neodata Serv., Inc., 162 F.3d 

617 (10th Cir. 1998). 

17 See Kvorjak v. Maine, 259 F.3d 48 (1st Cir. 2001).

18 42 U.S.C. § 12111(9); 29 C.F.R. § 1630.2(o)(2); 29 C.F.R. pt. 1630 app. § 1630.2(o). See also “Reasonable 

Accommodation,” supra note 4, which provides detailed information on a number of forms of reasonable accommodation, 

including job restructuring, leave, part-time or modified work schedules, modifying workplace policies, and reassignment. 

19 See Section H, “Actions Not Required as Reasonable Accommodation,” for information on the difference between essential

and marginal functions. 

20See Question 34 in “Reasonable Accommodation,” supra note 4; see also EEOC Fact Sheet on Telework as a Reasonable 

Accommodation (2003) at www.eeoc.gov/facts/telework.html. See, e.g., Mason v. Avaya Communications, Inc., 357 F.3d 

1114 (10th Cir. 2004); Kvorjak v. Maine, 259 F.3d 48 (1st Cir. 2001). 

21 See Question 33 in “Reasonable Accommodation,” supra note 4; see also Question 26 in EEOC Enforcement Guidance on 

the Americans with Disabilities Act and Psychiatric Disabilities (1997) at www.eeoc.gov/policy/docs/psych.html. 

22 See section on ‘Reassignment’ in “Reasonable Accommodation,” supra note 4. See, e.g., Calero-Cerezo v. U.S. Dep’t of 

Justice, 355 F.3d 6 (1st Cir. 2004); Hedrick v. W. Reserve Care Sys., 355 F.3d 444 (6th Cir. 2004); Architect of the Capitol 

v. Office of Compliance, 361 F.3d 633 (Fed. Cir. 2004); Dilley v. SuperValu, Inc., 296 F.3d 958 (10th Cir. 2002); Skerski v. 

Time Warner Cable Co., 257 F.3d 273 (3d Cir. 2001); Lucas v. W.W. Grainger, Inc., 257 F.3d 1249 (11th Cir. 2001). 

23 See Criado v. IBM, 145 F.3d 437, 444-45 (1st Cir. 1998); see also Question 19 in “Reasonable Accommodation,” supra 

note 4. 

24 For more information on “undue hardship,” see section N, infra, “Limitation on Providing Reasonable Accommodation: 

Undue Hardship.” 

25 See section E, supra, “When to Request a Reasonable Accommodation.”

26 See Question 33 in “Reasonable Accommodation,” supra note 4; but see Kennedy v. Dresser Rand Co., 193 F.3d 120 (2d 

Cir. 1999) (contrary to EEOC’s Reasonable Accommodation Guidance, it is not per se unreasonable to change an employee’s

supervisor but there is a presumption that such an accommodation is unreasonable). 

27 See Questions 35-36 in “Reasonable Accommodation,” supra note 4. Cf. Jovanovic v. In-Sink-Erator Div. of Emerson 

Elec. Co., 201 F.3d 894 (7th Cir. 2000) (court upholds termination because plaintiff never requested reasonable 

accommodation despite repeated warnings about excessive absenteeism); Hill v. Kansas City Area Transp. Auth., 181 F.3d 

891 (8th Cir. 1999) (request for reasonable accommodation is too late when it is made after an employee has committed a 

violation warranting termination). 

Reasonable Accommodations for Attorneys with Disabilities Page 15 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
28 See Question 10 in “Reasonable Accommodation,” supra note 4.

29 See U.S. Airways, Inc. v. Barnett, 535 U.S. 391 (2002).

30 See Question 9 in “Reasonable Accommodation,” supra note 4. See, e.g., Burchett v. Target Corp., 340 F.3d 510 (8th 

Cir. 2003). 

31 See, e.g., Wells v. Shalala, 228 F.3d 1137 (10th Cir. 2000); Webster v. Methodist Occupational Health Ctrs., Inc., 141 

F.3d 1236 (7th Cir. 1998); Stewart v. Happy Herman’s Cheshire Bridge, Inc., 117 F.3d 1278 (11th Cir. 1997). 

32 Contact information for the Job Accommodation Network and the Disability and Business Technical Assistance Centers, as

well as additional organizations that can assist in identifying accommodations, can be found in “Reasonable 

Accommodation,” supra note 4. Individuals also may find helpful information on disability organizations and other resources 

in the EEOC’s Technical Assistance Manual on the Employment Provisions (Title l) of the Americans with Disabilities 

Act/Resource Directory (1992), available free of charge by calling 1-800-669-3362 (Voice) or 1-800-800-3302 (TDD) 

[hereinafter “ADA Technical Assistance Manual”]. To discuss possible forms of reasonable accommodation, individuals and 

employers may call the EEOC at 202-663-4691. 

33 See, e.g., Ralph v. Lucent Tech., Inc., 135 F.3d 166 (1st Cir. 1998).

34 Cf. Humphrey v. Memorial Hosp. Ass’n, 239 F.3d 1128 (9th Cir. 2001) (when it became clear to both parties that the 

initial accommodation was not working, the employer should not have summarily rejected the employee’s request for an 

alternative accommodation but should have engaged in the interactive process to determine if another reasonable 

accommodation would have been effective). 

35 See Question 8, Example B in “Reasonable Accommodation,” supra note 4.

36 See Humphrey v. Memorial Hosp. Ass’n, 239 F.3d 1128 (9th Cir. 2001)(when it became clear to both parties that the 

initial accommodation was not working, the employer should not have summarily rejected the employee’s request for an 

alternative accommodation but should have engaged in the interactive process to determine if another reasonable 

accommodation would have been effective). 

37 42 U.S.C. § 12183.

38 See EEOC Fact Sheet on Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Procedures 

(2001) at www.eeoc.gov/facts/evacuation.html; “Preparing the Workplace for Everyone: Accounting for the Needs of People 

with Disabilities” at www.dol.gov/odep/pubs/ep/preparing/htm (although this is a blueprint for federal agencies on adopting 

and implementing emergency plans that address the needs of people with disabilities, most of the information is relevant to 

other types of employers). Employers also may find helpful information from the National Organization on Disability’s 

Emergency Preparedness Initiative, www.nod.org. 

39 See footnotes 14 and 15 and accompanying text in “Reasonable Accommodation,” supra note 4.

40 See id. at Question 15.

41 Cf., Alexander v. Choate, 469 U.S. 287 (1985) (Tennessee’s reduction in annual inpatient hospital coverage cannot be 

the basis of a disparate impact claim under §504 of the Rehabilitation Act because the statute does not require a state to 

alter its definition of a benefit to meet the medical reality confronting a disabled individual); see also section 7.12 in the 

“ADA Technical Assistance Manual,” supra note 32 (an employer does not have to eliminate a benefit because an employee 

with a disability cannot use it); section (B) (“What is a Disability-Based Distinction”) in EEOC Interim Enforcement Guidance 

on the application of the ADA to disability-based distinctions in employer provided health insurance (1993) at 

www.eeoc.gov/policy/docs/health.html (health insurance distinctions that are not based on disability and that apply to all 

insured employees do not violate the ADA even when the definition of a particular benefit may have an adverse impact on 

certain individuals with disabilities); Question 5 in EEOC Questions and Answers About the Association Provision of the ADA 

(2005) at www.eeoc.gov/facts/association_ada.html (same). 

42 42 U.S.C. § 12111(10); 29 C.F.R. § 1630.2(p); 29 C.F.R. pt. 1630 app. § 1630.2(p); see also section on ‘Undue Hardship

Issues’ in “Reasonable Accommodation,” supra note 4. 

43 42 U.S.C. § 12111(10)(B); 29 C.F.R. § 1630.2(p)(2); 29 C.F.R. pt. 1630 app. § 1630.2(p).

Reasonable Accommodations for Attorneys with Disabilities Page 16 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13
44 The Job Accommodation Network (JAN) website, www.jan.wvu.edu/links/funding.htm, provides information on possible 

funding sources or sources to obtain certain forms of accommodations. Employers may wish to check if any of these sources

might be helpful, although many are limited to certain locations and serving certain clientele (e.g., low income individuals). 

45 Two tax incentives may be available to certain businesses to help cover the cost of making access improvements for 

persons with disabilities. The first is a tax deduction that can be used for architectural and transportation adaptations. The 

second is a tax credit for small businesses that can be used for architectural adaptations, equipment acquisitions, and 

services such as sign language interpreters. More information can be obtained at www.ada.gov/taxpack.html and 

www.irs.gov. 

46 See 29 C.F.R. pt. 1630 app. § 1630.15(d).

47 Many states and localities have disability anti-discrimination laws and agencies responsible for enforcing those laws. 

EEOC refers to these agencies as “Fair Employment Practices Agencies (FEPAs).” Individuals may file a charge with either 

the EEOC or a FEPA. If a charge filed with a FEPA is also covered under the ADA, the FEPA will “dual file” the charge with the

EEOC but usually will retain the charge for investigation. If an ADA charge filed with the EEOC is also covered by a state or 

local disability discrimination law, the EEOC will “dual file” the charge with the FEPA but usually will retain the charge for 

investigation. 

This page was last modified on July 27, 2006.

Return to Home Page

Reasonable Accommodations for Attorneys with Disabilities Page 17 of 17

http://web.archive.org/web/20120402024118/http://archive.eeoc.gov/facts/accommodations-attorneys.html 01/23/13