The workplace should foster equality and opportunity for all employees, especially those with disabilities. Employers provide reasonable accommodations to ensure this fairness, but circumstances can change. If you are an employee receiving an accommodation under the Americans with Disabilities Act (ADA), you can request a review or modification.
3 common reasons for a review or modification
The law views reasonable accommodation as an interactive process. It is a continuous dialogue between you and your employer. This ongoing communication can ensure that the adjustment addresses your needs over time.
You can request a review or modification due to various factors, such as:
- Changes in disability or job tasks: Your medical condition may improve, worsen or change, altering your functional limitations. Similarly, the essential duties of your job can shift, making the current arrangement inadequate. These changes require you to inform your employer that the previous solution no longer meets your needs to perform the essential job functions.
- The accommodation proves ineffective: Sometimes, the initial accommodation simply does not work as planned or creates an unforeseen problem. For example, a new piece of assistive technology may interfere with another essential function, requiring a different approach or equipment adjustment.
- A new solution arises: Advancements in technology or changes in workplace practices might offer a more effective alternative. You can request a switch to a new and more efficient type of accommodation.
Your employer has a duty to engage in good faith with you throughout this process. They must explore potential changes to the accommodation unless the modification would cause an undue hardship, such as a significant difficulty or expense.
Asserting your rights throughout the process
Your right to an effective work environment is not a one-time grant but an evolving protection. However, going through the reasonable accommodation process can be overwhelming and complex. By seeking guidance from a legal advocate, you may better navigate the process and assert your rights as you aim to maintain equal opportunity.