ADA Accommodations in Florida: How to Ask and What to Expect From Your Employer

In this article, you can discover…

• What qualifies as a reasonable accommodation under ADA standards.
• How to ask your employer for a reasonable accommodation.
• Whether working from home can be classed as a reasonable accommodation.

How Should I Ask For An ADA Accommodation?

When making an ADA accommodation request, remember that you can choose the method that works best for you. Whether it’s a written request, a verbal conversation, a text message, or an email, the choice is yours. You don’t need to use any special language, mention the Americans with Disabilities Act, or even use the phrase “reasonable accommodation”. The power is in your hands.

However, you are required to, at the time of your request, inform your employer of the limitations of your disability and what specific needs for accommodation you have. For example, telling your boss clearly and specifically that you are having trouble getting to work on time because of medical treatments that you need each morning, and requesting a modified work schedule.

Be aware that it is up to you to suggest the specific accommodation; it is not your employer’s responsibility to come up with ideas.

It’s also essential to understand how not to ask for accommodation. For example, if you were to go to your boss and say, “I need a new keyboard; the one I’m using now is uncomfortable”, that would not be helpful. While you are requesting a change at work, you are not mentioning a disability, and you are not linking the accommodation to your disability. All requests must be clear, must mention a disability, and must link that request to your medical condition.

What Is The Employer’s Responsibility For Reasonable Accommodation?

After you’ve made your ADA accommodation request, your employer will engage in the “interactive process”. This process is not a one-way street; it’s a two-way conversation designed to ensure your needs are fully understood and to identify accommodations that don’t place an undue burden on your employer. You’re not alone in this process.

At this stage, your employer may ask questions about your disability. This is not meant to invade your privacy, but rather to enable your employer to make an informed decision about your request. Your privacy and dignity are respected throughout this process.

Your employer might also ask for documentation relating to your disability and functional limitations, especially if they aren’t immediately apparent. This will help your employer understand the nature and extent of your disability and ensure that you have a covered ADA disability that requires reasonable accommodations.

What Does The ADA Consider Reasonable Accommodation?

A reasonable accommodation is a modification or an adjustment of your employer’s work rules, the facilities, or any other term or condition that would allow you to do the essential functions of the job. Here, it’s important to note the difference between essential functions and marginal functions.

Marginal functions of your job are tasks that are not really important. For example, if you are an auto mechanic and you sometimes take out the trash at work, this is a marginal function. If you needed an accommodation because you could no longer lift a heavy trash bag, that would be reasonable.

But if you still can not perform essential functions of your job (i.e., repairing cars) with or without an accommodation, this would mean that you are not qualified. Your employer would not be required to provide that accommodation.

Reasonable accommodations include job restructuring, part-time or modified work schedules, modifications to your existing work equipment, and adjustments to policies. For instance, if you have a back injury, a reasonable accommodation might be a modified work schedule that allows for regular breaks. In some cases, reassigning you to another task or offering you a vacant position could be a reasonable accommodation. However, your employer is not required to create an entirely new job that would not have otherwise existed.

For example, say you’re a roofer and are recovering from back surgery and can’t perform your work as a roofer while you heal. If there is a vacant position in the office for administrative work, so long as you are qualified, that is a reasonable accommodation. But if there are no vacant positions, your employer is not required to create a desk job for you, as that would cause an undue hardship or expense.

Can Working From Home Be An ADA Accommodation?

Under certain circumstances, yes. If your primary function involves computer-based tasks and does not require face-to-face interactions with clients or customers, working from home could be a reasonable accommodation.

But if physical presence in your workplace is considered an essential function of your job (for example, if you are a cashier or a roofer), then it would be unreasonable and non-accommodatable for you to work from home. Determining whether your physical presence at work is essential can be done through flexible, interactive conversations with your employer.

In some cases, employers may be reluctant to allow you to work from home because they prefer to be able to monitor your productivity in the office. But through respectful, interactive conversations, you and your employer can agree on part-time remote work or on using software to monitor your productivity.

If you anticipate needing to speak with your employer about a work-from-home accommodation, it would be a good idea to reach out to The Longo Firm first. An ounce of prevention is worth a pound of cure, and we can help walk you through that process, defend your rights, and make sure you’re legally protected as those conversations move forward.

Attorney Micah Longo is a caring, skilled ADA attorney serving Florida. Since 2012, he’s helped clients just like you prove their disability under ADA guidelines, request reasonable accommodations, and protect their rights as a disabled worker.

Have questions, or in need of legal help? Reach out to The Longo Firm P.A. for an initial consultation today.

Can An Employer Deny A Doctor’s Note To Work From Home?

Under certain circumstances, your employer can deny a recommended accommodation contained in your doctor’s note, such as a recommendation to work from home.  In my experience, however, a lot of deference is generally given to a doctor’s note.

Still, suppose your doctor recommends a specific, ideal accommodation. In that case, your employer can still choose a different accommodation that is just as effective in helping you fulfill your primary responsibilities.

If a doctor’s note recommends that you be permitted to work from home because of anxiety or ADHD, your employer could still ask you to come into work for specific, in-person events. Determining whether those in-person events are genuinely essential to your job, however, may require some flexible conversations, depending on your employer.

Finally, your employer may require a doctor’s note if your disability or functional limitations are not obvious. Your employer may not ask for any additional documentation; however, once you have already provided them with sufficient information to verify that you have a disability under the ADA, and that you need reasonable accommodations.

What If An Employer Cannot Accommodate Work Restrictions In Florida?

This depends on your work restrictions and the kinds of accommodations that are possible. For example, you may work as a builder and contract a severe virus that requires you to stay away from work for a few weeks. If there’s a temporary, vacant position available that would allow you to work from home during that time, your absence from work could be accommodated.

But if no such vacant position is available or if there is absolutely no way for your employer to accommodate your work restriction without taking on undue burden or expense, your employer is not required to accommodate you.

If your work restriction is temporary, however, you may be eligible for the Family Leave and Medical Act (FMLA), which would give you up to 12 weeks of protected time while you recover. Once those 12 weeks are over (or once the restriction is lifted, whichever comes first), you would return to work.

Having said that, each case is unique. If you have any questions about your disability, work restrictions, or accommodations, reach out to us at The Longo Firm. We’ll walk you through the process and help you make proactive, timely decisions that can protect your health, career, and legal rights.

Does Anxiety Qualify For ADA Accommodations?

The ADA recognizes anxiety disorders as a potential disability; these disorders can be a mental impairment that substantially limits a significant life activity, such as working.

Anxiety disorders can manifest in different ways, such as difficulty concentrating, panic attacks, and other symptoms. For many people living with anxiety, the condition can make it very difficult to accomplish everyday tasks, interact effectively with people, or communicate.

Still, whether a given accommodation for an anxiety disorder is reasonable and possible is something that will have to be determined on a case-by-case basis. Suppose you are living with an anxiety disorder and need to request an accommodation from your employer. In that case, it is best to reach out to an ADA lawyer to help you walk through that process and ensure that you are fully protected under ADA law.

Still Have Questions? Ready To Get Started?

For more information on ADA accommodations in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 231-5802 today.