hr-accommodation-request

> **Templates only - not employment-law advice.** Failure to engage in the interactive process is itself an ADA violation. Have HR counsel review denials and complex grants. # HR - Accommodation Request (Interactive Process) Document the legally-required interactive process for medical (ADA), pregnancy (PWFA), or religious (Title VII / *Groff v. DeJoy*) accommodation requests. ## Pre-flight (REQUIRED) 1. **Type of accommodation requested**: medical (ADA) / pregnancy or related (PWFA) / religious (Title VII) 2. **Employee name, role, manager, state of employment, country** 3. **Total headcount** - Title VII / ADA / PWFA all apply at 15+ EE; many states have lower thresholds (CA FEHA 5+, NJ 1+, NY 4+ for state law) 4. **Specific accommodation requested** by employee 5. **Essential functions** of the role (from job description) - drives whether accommodation is feasible 6. **Documentation of disability/condition** - for ADA, employer may request medical certification limited to confirming the disability and need for accommodation; CANNOT request specific diagnosis or full medical records ## Statute snapshot | Statute | Coverage | Trigger | Standard | |---------|----------|---------|----------| | **ADA (1990)** + state | 15+ EE federal; lower in many states | Qualified individual with disability requests accommodation | "Reasonable accommodation" unless "undue hardship" (significant difficulty or expense) | | **PWFA (June 2023)** | 15+ EE | Pregnancy, childbirth, related medical conditions | Reasonable accommodation; cannot require leave if other accommodation works | | **Title VII religious** + state | 15+ EE | Sincerely held religious belief | Post-*Groff v. DeJoy* (2023): "substantial increased costs in relation to the conduct of the business" - replaces old "de minimis" | | **State equivalents** | Varies (CA FEHA, NY HRL, IL HRA, NJ LAD, MA c. 151B, etc.) | Often lower headcount thresholds and broader definitions | ## The interactive process - required steps 1. **Receive the request** (no magic words required - "I'm having trouble [doing X] because of [Y]" is enough) 2. **Acknowledge in writing** within 1-2 business days 3. **Discuss limitations and essential functions** - what can/can't the employee do? Which essential functions are at issue? 4. **Identify possible accommodations** - together with the employee; consider EEOC's Job Accommodation Network (askjan.org) 5. **Request supporting documentation** if needed (limited scope - confirms disability and need; not full records) 6. **Evaluate undue hardship** - significant difficulty or expense, considering employer resources 7. **Implement accommodation** OR **propose alternative** OR **deny with documented analysis** 8. **Document each step** contemporaneously - failure to document is failure to engage ## Output - Interactive-Process Documentation ```markdown ## Accommodation Request - Interactive Process Record **Employee:** [Name] | **Role:** [Title] | **State:** [State] | **Date Request Received:** [Date] **Type:** [ADA medical / PWFA pregnancy / Title VII religious] **HR Owner:** [Name] ### 1. Initial Request - Date received: [Date] - How received: [verbal in 1:1 / email / formal HR submission] - Verbatim or summary: "[Employee's request as stated]" ### 2. Acknowledgment - Acknowledgment letter sent: [Date - within 1-2 business days] ### 3. Essential Functions Review Pull from current job description: - [Essential function 1] - [Essential function 2] - [Essential function 3] Affected by limitation: [which essential functions are impacted by the disability/condition/belief] ### 4. Limitations / Need for Accommodation - Employee's stated limitation: [As described - DO NOT speculate about diagnosis] - Documentation requested: [If ADA - limited scope: confirm disability + need + functional limitations + duration. NEVER request full medical records or specific diagnosis.] - Documentation received: [Date, source - provider name not employee diagnosis] ### 5. Possible Accommodations (Generated Together) | Option | Description | Cost / Difficulty | Effect on essential functions | Source | |--------|-------------|-------------------|-------------------------------|--------| | [Employee-proposed] | [Description] | [Estimate] | [Effect] | Employee | | [Alternative 1] | [Description] | [Estimate] | [Effect] | HR / askjan.org | | [Alternative 2] | [Description] | [Estimate] | [Effect] | Manager | ### 6. Undue-Hardship Analysis (if denial considered) | Factor | Assessment | |--------|-----------| | Cost | [$X - net of tax credits, vendor accommodations] | | Resources of employer | [Headcount, budget, ability to absorb] | | Type of operation | [Nature of work, structure] | | Impact on operations | [Specific operational disruption] | | Impact on co-workers | [Note: co-worker preference is NOT undue hardship] | | Alternatives considered | [List] | | Pre-Groff vs post-Groff (religious only) | [Substantial increased costs - not de minimis] | **Undue hardship conclusion**: [Yes / No - with specific reasoning] ### 7. Decision - [ ] **Grant** as requested - [ ] **Grant** alternative accommodation: [describe] - [ ] **Deny** with the following undue-hardship justification: [detailed reasoning] - [ ] **Continue dialogue** - additional information needed ### 8. Implementation Plan - Effective date: [Date] - Steps required: [Equipment, schedule change, role modification, leave] - Owner: [Manager / HR / IT] - Review date: [Re-evaluate in 30/60/90 days] ### 9. Confidentiality Medical information and specifics of this request are kept confidential per ADA 29 CFR §1630.14(c) and stored separately from the personnel file. Disclosure is limited to those with a need to know (manager, HR, accommodation provider). ### 10. Anti-retaliation This request and its disposition do not affect performance evaluation, compensation, or advancement. Retaliation for requesting accommodation is prohibited. ### 11. Appeal If the employee disagrees with the disposition, they may appeal to [HR lead / next-level escalation] within [10 business days]. The appeal will be reviewed within [10 business days] with a written response. ### 12. Signatures HR: __________________________ Date: __________ Employee acknowledgment: ___________________ Date: __________ (Acknowledgment of receipt; not agreement) ``` ## Response letters (templates) ### Grant - as requested ``` Dear [Employee], Thank you for your accommodation request received on [Date]. After our discussion on [date(s)] and review of supporting documentation, we are granting the requested accommodation: [describe specifically], effective [Date]. [Implementation steps and any review date.] This accommodation is confidential. Please contact [HR] with any questions or if your needs change. Retaliation for requesting this accommodation is prohibited. [HR Lead] ``` ### Grant - alternative accommodation ``` Dear [Employee], Thank you for your accommodation request received on [Date]. After engaging in the interactive process, we determined that the specific accommodation you requested [brief reason - does not enable performance of essential function X / would impose undue hardship as documented]. We are providing this alternative accommodation: [describe specifically], effective [Date]. [Implementation, review date, who to contact.] If this alternative does not meet your needs, please let us know within [X business days] and we will continue the interactive process. [HR Lead] ``` ### Denial - with documented undue hardship ``` Dear [Employee], Thank you for your accommodation request received on [Date]. After engaging in the interactive process and considering the alternatives below, we are unable to provide the requested accommodation because it would [substantially impair an essential function of the role / impose undue hardship]. Specifically: [detailed undue-hardship analysis from documentation above]. Alternatives we considered: - [Alternative 1] - [why not feasible] - [Alternative 2] - [why not feasible] If you have additional information that may change this analysis, please share it within [X business days] and we will reconsider. You may appeal this decision to [next-level HR / counsel] within [10 business days] of this letter. Retaliation for requesting accommodation is prohibited. [HR Lead] ``` ## Common pitfalls (do NOT do these) - **Failing to document the interactive process** - failure to document = failure to engage = automatic loss - **Asking for specific diagnosis** or full medical records - ADA confidentiality limits scope - **Treating co-worker preference as undue hardship** - it isn't - **Treating the employee's preferred accommodation as the only option** - alternatives are part of the dialogue - **Discussing the request in front of co-workers** - confidentiality required - **Considering accommodation in performance review** - separate processes - **Pre-*Groff* "de minimis"** for religious accommodation - overruled in 2023; standard is now "substantial increased costs" - **PWFA: requiring leave when another accommodation works** - PWFA explicitly prohibits this ## Output Path Save the documentation to a dated Markdown file in the workspace. ## Output footer (REQUIRED on every generated record/letter) End every record with this block, verbatim: ``` --- **DRAFT - REVIEW REQUIRED** This accommodation record was generated as a starting template. It is not employment-law advice. The interactive process is fact-specific and statute-driven. Before finalizing: 1. Confirm interactive process documented contemporaneously - every step. 2. Confirm medical documentation request was scope-limited (no diagnosis, no full records). 3. Confirm essential functions referenced match current job description. 4. Confirm undue-hardship analysis is specific (not "we just can't") and uses post-Groff standard for religious accommodations. 5. If denial: have HR counsel review before delivery. 6. Verify confidential storage separate from personnel file. Generated by Wayland business-hr plugin. Templates only - not employment-law advice. ``` --- > _Templates only - not employment-law advice. Have HR counsel review denials and complex grants before delivery._