Most people with disabilities know that employers are required by federal and state law to provide “reasonable accommodation” to them so that they’re able to perform their job. “Reasonable” means that an accommodation is not an undue hardship for the employer.
Despite the fact that the Americans with Disabilities Act (ADA) is not new, some employees still find it challenging to work with an employer to get a necessary accommodation because employers too often claim that providing it would present an undue hardship. Note that inconvenience and undue hardship are not the same thing.
What is a dynamic disability?
What can make things even more challenging for someone seeking reasonable accommodation is the misunderstandings around what are known as “dynamic disabilities.” These disabilities are actually very common. They’re simply conditions that aren’t consistent from one day to the next – or even sometimes throughout a single day.
Unlike paralysis or blindness, for example, dynamic disabilities may come with flare-ups. Certain things, like heat or stress, may exacerbate them. Many neurological, autoimmune and autoinflammatory disorders like multiple sclerosis (MS), lupus and arthritis can be classified as “dynamic.” So can some mental health conditions like depression and bipolar disorder.
Employers have the same legal obligation to provide reasonable accommodation to those with dynamic disabilities as they do to those whose condition remains unchanged. However, too often, employers don’t understand how an employee can be affected periodically and then seemingly be well at other times.
What do employers have a right to know?
The fact is that employers don’t have to understand how a particular disability works or even to be told what it is. Further, employees aren’t required to explain or answer questions about their disability when they seek reasonable accommodation – other than to inform their employer what kind of accommodation they need to do their job. It’s typically best when employees and employers can work together to find a solution that works for everyone.
Some employees may be comfortable going into some detail to help their employer understand. However, all they’re expected to provide is a statement from a doctor regarding their need for any specific accommodation(s).
It’s important for those who need to seek reasonable workplace accommodation to know their rights. If an employer refuses to provide such accommodation or retaliates against an employee for seeking it, that can be considered illegal disability discrimination. Getting legal guidance can help employees protect and assert their rights.