Request for Accommodation Under the ADA

Under the Americans with Disabilities Act (ADA), an individual with a disability is a person with a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment. Under the Wisconsin Fair Employment Act (WFEA), an individual with a disability is a person with a physical or mental impairment that makes achievement unusually difficult or limits the capacity to work; has a record of such impairment; or is perceived as having such impairment.

Deciding when to disclose the need for a job accommodation can be a difficult choice. If you have a hidden disability such as brain injury or post-traumatic stress disorder, knowing when to disclose your condition can be a real dilemma.  Under the ADA you can request an accommodation at any time during the application process or while you are employed. You can request an accommodation even if you did not ask for one when applying for a job or after receiving a job offer. 

So when should you disclose that you have disability? In general, you should disclose your disability when you need to request a reasonable accommodation - when you know that there is a workplace barrier that is preventing you, due to a disability, from competing for a job, performing a job, or gaining equal access to a benefit of employment like an employee lunch room or employee parking.

What is reasonable accommodation?

A reasonable accommodation is a modification to a job, the work environment, or how things are done that allows an otherwise qualified individual to apply for or complete the duties of the job. An individual with a disability is generally expected to request an accommodation, unless the need for one is obvious.

An employer is required to grant a reasonable accommodation unless the accommodation would result in a hardship to the business. Whether a particular accommodation poses a hardship varies based on the circumstances of each case, but generally a hardship may exist if the accommodation is difficult to achieve or expensive relative to the size and resources of the business. An accommodation may also be a hardship if it is overly disruptive to business operations.

There is no prescribed list of reasonable accommodations. Each request for an accommodation must be evaluated on a case by case basis. Note that while an individual with a disability may be entitled to an accommodation, they are not entitled to the accommodation of their choice. The employer may select any accommodation that will allow the individual to apply or complete the duties of the job.

For consideration of accommodation of physical or mental impairment limiting major life activities, please have the form provided below completed and submit to Chris Acker, Benefits Specialist or Navid Kempka, Bilingual Benefits Specialist for a confidential review and consideration.

ADA Reasonable Request for Accommodation