Workplace Accommodation Request Guide

Overview

A workplace accommodation is a modification or adjustment to a job position, work environment or workplace process that helps to provide equal employment opportunities to individuals with a disability or other need. Accommodations may be necessary throughout the employment lifecycle, including the pre-employment period for job applicants and candidates.

A job applicant or employee may require reasonable accommodations in the workplace related to:

• A disability (including under the American with Disabilities Act, similar state or local laws, and as a best practice)

• Lactation (breastfeeding)

• Domestic violence, sexual assault and stalking

• Religious accommodations

• A work-related injury (workers’ compensation-related)

• Other need

Accommodations are generally determined following engagement in an interactive process to determine the reasonableness of an accommodation request. This policy is intended to comply with all applicable laws.

Process to Request an Accommodation

If the accommodation request pertains to a medical condition, procure documentation from your medical provider detailing:

• Impact on your ability to perform essential job functions (this is not a request for documentation of diagnosis)

• Suggested accommodations to support ability to perform essential job functions, in as much detail as possible

• Duration of accommodation request (this may include an option to extend, pending re-evaluation)

If the request is non-medical, please provide as many details as possible pertaining to impact on your ability to perform essential job functions, accommodations requested, and duration of the request.

This documentation should be submitted to CS&S HR (hr at codeforsociety dot org). Following submission, HR will engage in an interactive process to determine whether the request is reasonable or may present undue hardship to the organization. This may require input from CS&S and/or FSP leadership as well as management, pending the specifications of your request. You will be notified if the inclusion of such parties is required to proceed with the interactive process, and such parties are prohibited from disclosing employees' personal health information to other parties. At the close of the interactive process, HR will share a determination regarding your request.

This process may reoccur should a prior request require re-evaluation and extension.

Compliance

For employees outside the US: please contact CS&S HR to request local compliance guidance.

In the US, state and federal laws prohibit discrimination on the basis of disability at work and places that do business with the public. They also require employers to make reasonable accommodations to employees for disabilities that impact their ability to perform the essential functions of the job.

Under Title I of the Federal Americans with Disabilities Act of 1990 (ADA), employers with 15 or more employees are prohibited from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment.

The Equal Employment Opportunity Commission (EEOC) provides a non-exhaustive list of employer-sponsored benefits and privileges of employment that would be covered, including:

• Training/learning opportunities

• Services like an Employee Assistance Program (EAP), cafeteria or snack access, wellness and gym access and transportation

• Organization events like holiday parties, team building events, celebrations and ceremonies

Additionally, the ADA requires covered employers to provide reasonable accommodations to individuals under all the circumstances noted above if the following criteria are met:

• The individual is qualified to perform the role, with or without a reasonable accommodation

• The employer or prospective employer is aware of the individual’s disability

• The accommodation does not place an “undue hardship” on the employer

Similar accommodation laws may apply at the local or state levels depending on where the job applicant or employee is located/performs work, and such laws are often more expansive than the federal counterparts.

When evaluating accommodation requests, what is and is not considered “reasonable” may vary by locality and will also be fact-specific based on business factors and the workplace limitations being examined. Many, but not all, reasonable accommodations may be made at little to no cost to the organization.

The EEOC’s Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act provides a number of scenario-based examples of reasonable accommodations.

Accommodations related to lactation, domestic violence, sexual assault and stalking, religious accommodations, work-related injuries and others may be subject to further local jurisdiction regulations. Please consult CS&S HR to determine compliance considerations unique to your circumstances.