accommodation-request

## Configuration Read `.jobops/config.json`. If missing, stop with: > JOBOPS NOT CONFIGURED > Run /jobops:setup to initialize your workspace. Use `config.directories.<key>` for all file paths in this skill. Use `config.preferences.cultural_profile` if this skill generates resume-style content. Use `config.preferences.default_jurisdiction` if this skill has jurisdiction-sensitive logic (crisis/legal skills accept `--jurisdiction=<ISO-3166-2>` to override). ## Default Jurisdiction: Ontario, Canada This command defaults to **Ontario Human Rights Code** accommodation framework. ### Ontario Duty to Accommodate **Key Principles:** - **Duty to Accommodate to Point of Undue Hardship**: Employers must accommodate needs related to Code-protected grounds (disability, creed, family status, pregnancy, etc.) - **Undue Hardship Standard**: Higher threshold than US "de minimis" for religion; considers cost, safety, and outside funding sources - **Interactive Process**: Employer and employee both have responsibilities in accommodation process - **No Magic Words Required**: You don't need to say "accommodation" - just communicate your need **Protected Grounds Requiring Accommodation:** - **Disability**: Physical, mental, learning disabilities; addiction - **Creed**: Religious beliefs and practices - **Family Status**: Caregiving responsibilities (protected under *Johnstone v. Canada* framework) - **Pregnancy**: Includes breastfeeding needs - **Sex**: Gender-related needs - **Age**: Age-related limitations **Key Differences from US:** - Ontario has broader disability definition (includes addiction) - Family status accommodation is robust (childcare/eldercare) - Undue hardship standard requires more than US "de minimis" - File complaints with Human Rights Tribunal of Ontario (HRTO), not EEOC **Ontario-Specific Laws:** - **AODA (Accessibility for Ontarians with Disabilities Act)**: Additional accessibility requirements - **ESA (Employment Standards Act)**: Job-protected leaves (pregnancy, parental, sick, family responsibility) **For US users**: Specify `--jurisdiction=US` for ADA, Title VII, FMLA, PWFA frameworks. ## Important Disclaimers **CRITICAL**: Read these disclaimers ALOUD to the user at session start: 1. **Not Legal Advice**: This guidance is informational, not legal advice. For complex situations involving denied accommodations, retaliation, or discrimination, consult with an employment lawyer or contact Human Rights Legal Support Centre. 2. **Jurisdiction Matters**: This defaults to Ontario law. US law (ADA, Title VII, PDA, PWFA) differs significantly. 3. **No Outcome Guarantees**: While employers are legally required to engage in accommodation process, outcomes depend on specific circumstances. 4. **Documentation**: Keep copies of all accommodation-related communications. BCC personal email where appropriate. 5. **Timing**: Act promptly. Delays can complicate your request and legal protections. ## Argument Parsing Parse arguments to determine accommodation type and mode: **Accommodation Type** (mutually exclusive): - `--disability`: ADA reasonable accommodations (default if no type specified) - `--religious`: Title VII religious accommodations - `--medical`: General medical condition accommodations - `--pregnancy`: Pregnancy-related accommodations (PDA, PWFA) **Mode**: - `--appeal`: Focus on responding to denial and escalation options If no accommodation type specified, default to `--disability` (ADA framework). ## Phase 1: Accommodation Type Assessment ### 1.1 Initial Intake Questions Ask the user: 1. **"What type of accommodation are you seeking?"** - Disability-related (physical, mental, chronic condition) - Religious belief or practice - Medical condition (temporary or ongoing) - Pregnancy-related - Not sure which category applies 2. **"Briefly describe the accommodation you need."** - Work schedule modification - Remote work or work-from-home - Modified job duties - Physical workspace changes - Equipment or technology - Leave or time off - Policy exception - Other 3. **"Have you already requested this accommodation?"** - No, preparing initial request - Yes, awaiting response - Yes, request was denied - Yes, but accommodation isn't working 4. **"Does your employer know about your condition/need?"** - No, this will be new information - Yes, they have general awareness - Yes, with documented medical information - Uncertain what they know ## Phase 2: Legal Framework Overview Based on the accommodation type, provide the relevant legal framework: ### 2.1 ADA Framework (--disability) ``` ADA REASONABLE ACCOMMODATION FRAMEWORK ====================================== WHO IS PROTECTED: - "Qualified individual with a disability" - Has physical or mental impairment that substantially limits major life activities - Can perform "essential functions" of the job with or without accommodation - Includes history of disability or being "regarded as" disabled EMPLOYER OBLIGATIONS: - Must provide "reasonable accommodation" unless it causes "undue hardship" - Must engage in "interactive process" in good faith - Cannot discriminate based on disability - Must keep medical information confidential KEY DEFINITIONS: - Reasonable Accommodation: Modifications enabling qualified person with disability to perform essential job functions - Essential Functions: Fundamental job duties (not marginal tasks) - Undue Hardship: Significant difficulty or expense (employer's burden to prove) - Interactive Process: Good-faith dialogue between employer and employee to identify effective accommodation IMPORTANT: You do NOT need to use specific words like "ADA" or "reasonable accommodation" to trigger employer's obligations. Simply communicating that you need a change due to a medical condition is sufficient. ``` ### 2.2 Religious Accommodation Framework (--religious) ``` TITLE VII RELIGIOUS ACCOMMODATION FRAMEWORK =========================================== WHO IS PROTECTED: - Employees with "sincerely held" religious, ethical, or moral beliefs - NOT limited to organized religions or traditional beliefs - Includes moral/ethical beliefs with religious-like importance - Employer cannot question validity of belief (only sincerity) EMPLOYER OBLIGATIONS: - Must reasonably accommodate unless it causes more than "de minimis" cost - Note: De minimis is LOWER threshold than ADA's "undue hardship" - Must not discriminate based on religion - Cannot force employee to choose between job and religious practice COMMON ACCOMMODATIONS: - Schedule modifications for religious observance (Sabbath, holidays) - Dress code exceptions (head coverings, religious attire) - Grooming policy exceptions (beards, hair length) - Break time for prayer - Voluntary shift swaps with coworkers IMPORTANT: You do NOT need to prove your belief is part of an organized religion. Personal religious or moral convictions can qualify. ``` ### 2.3 Medical Accommodation Framework (--medical) ``` MEDICAL ACCOMMODATION FRAMEWORK =============================== LEGAL PROTECTIONS: - ADA (if condition qualifies as disability) - FMLA (for leave-related accommodations) - State disability laws (often broader than ADA) TEMPORARY VS. PERMANENT: - Temporary conditions may qualify for accommodation - Even short-term impairments can require accommodation - Post-ADA Amendments Act (2008) broadened coverage significantly COMMON ACCOMMODATIONS: - Modified work schedule during treatment/recovery - Leave for medical appointments - Remote work during recovery - Light duty assignments - Modified break schedules - Temperature or environmental adjustments FMLA INTERSECTION: - 12 weeks unpaid leave for serious health condition - Intermittent leave may be available - Job protection during leave - Separate from ADA reasonable accommodation ``` ### 2.4 Pregnancy Accommodation Framework (--pregnancy) ``` PREGNANCY ACCOMMODATION FRAMEWORK ================================= KEY LAWS: - Pregnancy Discrimination Act (PDA): Cannot treat pregnancy less favorably than similar conditions - Pregnant Workers Fairness Act (PWFA, 2023): Requires reasonable accommodation for pregnancy - FMLA: 12 weeks leave for birth/bonding PWFA REQUIREMENTS (Effective June 2023): - Employers with 15+ employees must accommodate "known limitations" - Covers pregnancy, childbirth, and related medical conditions - Similar to ADA framework but specifically for pregnancy - Cannot require leave if another accommodation is available COMMON ACCOMMODATIONS: - More frequent breaks - Modified work schedule - Light duty or modified duties - Permission to sit/stand as needed - Closer parking - Time for prenatal appointments - Temporary transfer to less hazardous position - Leave for recovery as needed PROTECTION PERIOD: - Entire pregnancy - Childbirth and recovery - Related medical conditions (lactation, postpartum) IMPORTANT: PWFA explicitly prohibits forcing employees to take leave if another reasonable accommodation exists. ``` ## Phase 3: Interactive Process Guide ### 3.1 Initiating the Request **You do NOT need "magic words"** to request an accommodation. Courts have held that any communication conveying the need for an adjustment due to a condition can trigger employer obligations. **Ways to initiate:** - "I need to discuss a change to my work arrangement because of a medical condition." - "My [condition] is making it difficult to [perform task]. Can we talk about options?" - "I need [specific accommodation] because of [general reference to condition]." - Even asking for help or mentioning struggling due to health can suffice **Recommended approach:** 1. Request in writing (email or letter) 2. Be specific about what you need 3. Connect the need to your condition (without oversharing) 4. Express willingness to discuss alternatives 5. Keep copy for your records ### 3.2 Employer Obligations in Interactive Process Once you request accommodation, employer MUST: ``` EMPLOYER'S INTERACTIVE PROCESS OBLIGATIONS ========================================== 1. ENGAGE IN GOOD FAITH DIALOGUE - Cannot ignore or delay response unreasonably - Must discuss your functional limitations - Must explore possible accommodations - Must explain reasons if declining specific request 2. CONSIDER REASONABLE ALTERNATIVES - If your requested accommodation isn't feasible - Must work with you to identify alternatives - Cannot simply say "no" without exploration 3. TIMELINE EXPECTATIONS - No legal deadline, but "prompt" response required - Interim accommodations may be appropriate - 2-4 weeks for initial response is typical - Complex situations may take longer 4. WHAT EMPLOYER CAN DO: - Request documentation of condition and need - Verify functional limitations - Propose alternative accommodations - Deny if true undue hardship (must prove it) 5. WHAT EMPLOYER CANNOT DO: - Demand complete medical records - Ask about diagnosis beyond what's needed - Retaliate for requesting accommodation - Ignore or refuse to engage - Automatically deny based on policy ``` ### 3.3 Documentation Requirements **What employer CAN request:** - Verification you have a condition requiring accommodation - Functional limitations caused by condition - How accommodation would help - Duration (permanent, temporary, periodic) **What employer CANNOT demand:** - Complete medical records - Specific diagnosis (unless relevant to accommodation) - Detailed medical history - Access to treating physician without limits **Healthcare provider documentation should include:** 1. Confirmation of medical condition (general, not necessarily specific) 2. Functional limitations relevant to job 3. Recommended accommodation(s) 4. Expected duration 5. Provider's contact information **HIPAA Considerations:** - Your medical information must be kept confidential - Employer cannot share with supervisors beyond need-to-know - Must be stored separately from personnel file - Violations are reportable ### 3.4 What to Disclose vs. Keep Private ``` DISCLOSURE GUIDANCE =================== MUST DISCLOSE: - That you have a condition requiring accommodation - How the condition affects your ability to perform job functions - What accommodation(s) you need SHOULD DISCLOSE (if helpful): - General nature of condition (e.g., "mobility impairment") - Permanence or expected duration - Any limitations on alternative accommodations MAY KEEP PRIVATE: - Specific diagnosis (in most cases) - Cause or origin of condition - Treatment details - Prognosis or other conditions - Personal feelings about condition STRATEGY: Share the minimum necessary to support your request. You can always provide more information if needed. ``` ## Phase 4: Common Accommodation Examples ### 4.1 Disability Accommodations (ADA) ``` COMMON REASONABLE ACCOMMODATIONS ================================ WORK SCHEDULE: - Modified start/end times - Part-time or reduced hours - Additional breaks - Compressed work week - Flexible scheduling for appointments WORK LOCATION: - Remote work / work from home - Closer parking space - First-floor office assignment - Quieter work area MODIFIED JOB DUTIES: - Reassignment of "marginal" (non-essential) functions - Modified performance standards (with caution) - Job restructuring - NOTE: Cannot eliminate "essential" functions ASSISTIVE TECHNOLOGY: - Screen readers or magnification - Speech recognition software - Ergonomic equipment - Specialized keyboards/mice - Hearing aids or amplification devices PHYSICAL WORKSPACE: - Accessible workstation - Standing desk or adjustable furniture - Improved lighting - Temperature accommodation - Reduced noise environment LEAVE AS ACCOMMODATION: - Additional unpaid leave beyond FMLA - Intermittent leave for treatment - Return-to-work transition period - Leave for service animal training POLICY MODIFICATIONS: - Exception to attendance policy for medical appointments - Exception to no-food policy for diabetes management - Modified dress code for medical devices REASSIGNMENT: - Transfer to vacant position (if cannot accommodate current role) - Last resort after other accommodations considered - Must be qualified for new position - Not required to create new position or bump other employees ``` ### 4.2 Religious Accommodations ``` RELIGIOUS ACCOMMODATION EXAMPLES ================================ SCHEDULING: - Time off for religious holidays - Schedule adjustment for Sabbath observance - Prayer breaks during workday - Flexible scheduling for religious services DRESS/GROOMING: - Hijab, turban, yarmulke, or other head coverings - Religious jewelry or symbols - Beard or unshorn hair - Modest dress requirements FOOD/DIETARY: - Break time for religious fasting - Dietary accommodations at work events - Exception from food-handling if against beliefs VOLUNTARY SHIFT SWAPS: - Trading shifts with willing coworkers - Employer must facilitate but coworkers not required to swap ``` ### 4.3 Pregnancy Accommodations (PWFA) ``` PREGNANCY ACCOMMODATION EXAMPLES ================================ PHYSICAL ACCOMMODATIONS: - Seating for jobs typically standing - Closer parking - Assistance with heavy lifting - Temperature-controlled environment - Frequent bathroom breaks SCHEDULE MODIFICATIONS: - Time for prenatal appointments - Modified hours for severe morning sickness - Gradual return from bedrest - Lactation breaks and private space DUTY MODIFICATIONS: - Temporary transfer from hazardous work - Light duty assignment - Removal of specific physical tasks - Work from home during high-risk period LEAVE: - Time off for pregnancy-related conditions - Recovery time as needed - Cannot force leave if accommodation available ``` ## Phase 5: Request Letter Builder ### 5.1 Request Letter Template Generate a customized accommodation request letter based on user's inputs: ```markdown ACCOMMODATION REQUEST LETTER TEMPLATE ===================================== [Date] To: [HR Contact / Manager Name] From: [Your Name] Re: Request for Workplace Accommodation Dear [Name], OPENING (Identify need without oversharing): I am writing to request a workplace accommodation related to [general description of condition - e.g., "a medical condition," "my religious beliefs," "my pregnancy"]. I am committed to my role at [Company] and believe an accommodation will allow me to continue performing successfully. SPECIFIC ACCOMMODATION REQUESTED: I am requesting the following accommodation(s): 1. [Specific accommodation - be clear and concrete] 2. [Additional accommodation if applicable] HOW THIS ENABLES JOB PERFORMANCE: This accommodation would enable me to [explain how it addresses the limitation and allows you to perform essential functions]. [If applicable: I have successfully performed these duties with similar accommodations in the past.] OFFER TO DISCUSS ALTERNATIVES: I understand that accommodation is an interactive process, and I am open to discussing alternative solutions that would address my needs while meeting the company's operational requirements. DOCUMENTATION: [If applicable: I am attaching documentation from my healthcare provider / religious leader supporting this request.] [Or: I am happy to provide documentation as needed to support this request.] REQUEST FOR RESPONSE: I would appreciate confirmation of receipt of this request and a response regarding next steps within [reasonable timeframe - typically 2 weeks]. Please let me know if you need any additional information. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Position] [Contact Information] cc: [Personal email address for your records] ``` ### 5.2 Documentation Checklist ``` ACCOMMODATION REQUEST DOCUMENTATION =================================== BEFORE SUBMITTING: [ ] Written request (email or letter) [ ] Specific accommodation(s) identified