The City of Portland is committed to making the process of obtaining a reasonable accommodation as accessible as possible.We acknowledge that the first step is often the most difficult; knowing whether to request accommodation, as well as when and how, can be daunting.This is particularly true for new employees or for folks experiencing impacts of their disability or barriers in the workplace for the first time.
These resources are intended to provide information and guidance so you can be prepared and feel encouraged to engage in the process.If at any time you would prefer to discuss reasonable accommodation or the interactive process with someone instead, please contact the City's Disability Employment Coordinator or your assigned Human Resources Business Partner.This guidance is not intended to replace access to human resources; we are always eager to speak with you confidentially about your questions or concerns.
If your request is related to pregnancy, childbirth or related conditions, please click here to see how you qualify under the Pregnant Workers Fairness Act (PWFA).
Qualifying for an Accommodation under the ADA/ADAAA
Under the ADA, you are entitled to reasonable accommodations if you:
- meet the definition of disability,
- are qualified for the position, and
- need an accommodation because of your disability.
Protections under the ADA/ADAAA often apply to employees that do not have an official diagnosis yet (ex: in the diagnostic stage, new condition seeking treatment) or are temporarily disabled (ex: due to serious injury or illness, recovering from surgery).The term "disability" is a legal definition developed by the ADA/ADAAA and is not a medical or social justice-related definition; it may be legally defined differently by other laws. There are no lists of medical conditions that meet the definition of disability, and each case is determined based on an individual’s specific limitations.
If you think you might meet the definition of disability, you are welcome to discuss options and accommodations with your HRBP or Disability Employment Coordinator without making a formal request. If you need an accommodation, in most cases the best thing to do is ask for it.All inquiries are considered protected activity (formal or informal) and any protected information shared will be kept confidential.
Requesting an Accommodation
An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one.
What would trigger a request for accommodation, either informally or formally?
- You should request an accommodation from your supervisor or the Bureau of Human Resources as soon as it becomes apparent that a reasonable accommodation may be necessary to enable you to perform the essential functions of your job, participate in the employment process, or to enjoy the benefits and privileges of employment equal to those enjoyed by employees without disabilities.
- Requests are not always obvious.
- You do not have to mention ADA or use the phrase “reasonable accommodation”; requests can be “in plain English”.
- The request does not have to be in writing, although the City may ask for something in writing to document the request.
- A family member, friend, health professional, rehabilitation counselor or other representative may request a reasonable accommodation on behalf of an individual with a disability.
You (an applicant or employee) may request an accommodation at any time during the application process or while employed.You may request an accommodation even if you did not ask for one when applying for a job, or after receiving a job offer.
Often the need for reasonable accommodation is discovered when an employee may be having a problem performing their job because of a medical condition.
- I’m having trouble getting to work on time because of my medication.
- A wheelchair doesn’t fit under a desk in an office or frequently used meeting space.
Managers/supervisors should avoid asking questions that may reveal the medical condition or disability at issue.
Supervisors who receive such requests are expected to promptly contact the Bureau of Human Resources for guidance.
Gathering Information
The City and the individual with the disability should work together to identify what barriers exist to that individual’s performance of a particular job function.
To most effectively identify the barriers to job performance, the interactive process will begin with a meeting to begin gathering information. The HRBP will consult with you to discover the precise limitations and types of accommodations which may be most effective.
“Both sides must communicate directly, exchange essential information and neither side can delay or obstruct the interactive process.” Therefore, the obligation to communicate rests on both the employee and the employer.
Best practices for gathering information for the interactive process:
- Analyze your job and identify the essential/non-essential functions and relevant aspects of the work environment.
- Identify job-related restrictions and limitations;
- how does the disability prevent/hinder you from accomplishing certain tasks?
- how would those limitations be overcome with a reasonable accommodation?
- Depending on the complexity of the issue, information may be requested of your treating physician regarding restrictions caused by the medical condition. This can even include suggested accommodations.
- Under both the ADA and FMLA, employers can only collect the information needed to confirm that the worker has an impairment or medical condition, to identify possible accommodation options, and to determine the probable duration of the employee’s condition.
Safe harbor language is required by the Genetic Information Nondisclosure Act (GINA) to limit the requests to information that is required as a matter of business necessity. The City's forms incorporate this language to guide the healthcare provider in providing the relevant information in a lawful manner.
Accommodation Options
The ADA is not a one-size-fits-all law.Every situation is unique, the interactive process will assess each request for accommodation individually, on a case-by-case basis.
After gathering information from you, your physician and/or supervisor, the HRBP can begin the process of identifying possible accommodation options.
The HRBP will work with you to identify a range of possible accommodations that have the potential to remove the barriers and/or difficulties, either in the work environment or job tasks, and which would allow you to perform the essential functions of the job.
During this step of the interactive process, the HRBP will solicit ideas from you and may even make suggestions of their own.
The purpose of this brainstorming meeting is to come away with suggestions to enable you to continue working.“The interactive process requires communication and good-faith exploration of possible accommodations between employers and individual employees.The shared goal is to identify an accommodation that allows the employee to perform the job effectively.”
A reasonable accommodation is any change in the typical work environment that enables a qualified individual with a disability to enjoy equal employment opportunities.
Examples of reasonable accommodations include:
- Equipment (sit/stand desks, lifting mechanisms, carts, modified work stations, foot rests, head-sets etc.)
- Making existing facilities readily accessible and usable
- Modification of examinations and/or training materials
- Altering how or when job duties are performed
- Change in work schedule hours
- Modified workplace policies
- Job restructuring
- Providing a sign language interpreter
If both parties are unsure of an effective accommodation, an expert from Job Accommodation Network (JAN) can be contacted for suggestions or guidance. Confidentiality will be ensured.
The Interactive Process
This is the name given to the process that an employer utilizes to determine the appropriate reasonable accommodation that will enable a qualified employee with a disability to perform the essential functions of the position.
This requirement is outlined in the ADA (26 CFR part 1630 Appendix) and involves good faith participation by both the employer and the employee.
The interactive process may require further dialogue as the HRBP assesses the effectiveness of each accommodation, in terms of enabling you to successfully perform the job.
The HRBP should assess the feasibility of providing each accommodation and your preference to be accommodated, and then determine whether the various accommodations would pose an undue hardship upon the City.
When does a reasonable accommodation become an undue hardship?
According to the EEOC: Undue hardship means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business. Among the factors to be considered in determining whether an accommodation is an undue hardship are the cost of the accommodation, the employer's size, financial resources and the nature and structure of its operation.
Each request for accommodation should be evaluated individually regarding undue hardship. Even if a similar request was determined in the past to be an undue hardship, every request must be considered, and an interactive process performed.
Choosing an Accommodation
After engaging in the interactive process, the employer will decide which reasonable accommodation to provide.
In choosing the accommodation, your preference will be considered a priority.But, ultimately the City chooses the accommodation based on careful analysis of all information gathered during the interactive process.
An appropriate reasonable accommodation must be effective in enabling the employee to perform the duties of the job. “Reasonable” refers to the effectiveness of the accommodation in doing so.
“A modification or adjustment is ‘reasonable’ if it seems reasonable on its face, i.e., ordinarily or in the run of cases; this means it is ‘reasonable’ if it appears to be ‘feasible’ or ‘plausible’."
Some examples of accommodations that employers are not required to offer:
- Eliminating the requirement to perform an essential job function
- Provide any accommodation that causes “undue hardship” for the employer
- Creating a new job or a new “light duty” position
- Lowering production or performance standards; whether qualitative or quantitative
- Promoting the employee
- Reassignment if there are no vacant positions for which the employee is qualified
- Reallocating essential functions to another employee(s)
If multiple accommodations have been determined to be reasonable and effective, the City may choose the option that is least expensive or the easiest for them to provide.
Implementing the Accommodation
Every interactive process will involve direct communication with the employee. It is critical that all stakeholders are consulted and included to ensure a smooth process.
Communication
Communication is a priority throughout the entire process, but particular care should be taken while implementing the accommodation.Once a decision is made, each step during the implementation process should be communicated and documented so that both parties know the timeline and the expectations. You and the HRBP should discuss your preferred communication style and agree upon a jointly beneficial method.
Confidentiality
Strict confidentiality should be adhered to throughout the interactive process, and information regarding restrictions and accommodations should only be disclosed on a need-to-know basis. You (and your supervisors) may require guidance on how to respond when others ask why you are being provided additional considerations, specialized or customized scheduling, equipment etc.. Your HRBP should discuss with you their preference on how to respond to questions regarding your approved accommodation, providing supportive guidance on language that has proven useful in diffusing situations that require privacy. See Reasonable Accommodation Guidance Q 42.
Monitoring the Accommodation
The interactive process does not end with the implementation of an accommodation.It is critical that the accommodation is, and remains, reasonable and effective.
Best practice is for the HRBP to follow-up with you on a regular basis to ensure that the accommodation is effective. Expectations for communication/follow-up should be discussed at implementation.
Circumstances may change, or an accommodation may stop being effective over time.
If your medical condition changes and requires a new (or additional) accommodation, the employer (HRBP) should engage in the interactive process again.
You should notify your supervisor, or Human Resources, as soon as it is determined that the accommodation is no longer as effective as it could be.
If implemented reasonable accommodations have proven to be ineffective and/or no reasonable accommodation exists that allow you to perform the essential functions of your current job, the City will explore opportunities to place you in a vacant position that is, with or without reasonable accommodation, suited to your skills and abilities.
In the event any accommodation being considered by the City affects the rights of another bargaining unit employee; requires modification of a collective bargaining agreement or requires bargaining pursuant to PECBA, the City will notify the union in writing of the proposed accommodation and comply with any legal obligations, as applicable.