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The Basics
Health care and cash benefits can be important factors that help you lead an independent life. However, the biggest key to being independent is getting a job. When you’re employed, the money you earn, combined with disability income you may be eligible for, will help you better provide for yourself and your family. A career not only provides you with more choices about how you want to live your life, but also how you want your life to be in the future!
Unemployment rates are higher for people with disabilities. There are, however, laws in place that protect disability benefits so that you can find a job and work without worrying whether you’ll lose your benefits, or if you’ll have to reapply for benefits if you have to stop working. There are also laws and protections focused on your possible personal assistance needs and on reasonable accommodations after you go work. Knowing the reasonable accommodations and job supports available can help you to get a job and to keep it, even as your needs change while being employed.
The Americans with Disabilities Act (ADA) is the most important civil rights law for people with disabilities who are looking for work or have found a job. The ADA makes it illegal to discriminate against people with disabilities. It requires employers to provide reasonable accommodations to employees with disabilities.
This article lets you learn more about the ADA, as well as what employers who interview and hire persons with disabilities can't and must do, including providing job supports and reasonable accommodations that allow you the same job benefits that are available to employees without disabilities.
Reasonable accommodations are changes to the hiring process, job duties, and work environment, so qualified jobseekers or employees with disabilities get equal access to the job and its benefits. This article will help you figure out what accommodations might help you, and how to let your employer know about your disability when asking for the accommodations you need.
Other types of job supports are available from other agencies, services providers, and organizations. Assistive Technology and Personal Assistance Services (PAS) offer additional ways to help people with disabilities work successfully. The article explains how to locate and apply for such services.
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Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a civil rights law that makes it illegal to discriminate against (treat unfairly or unequally) people with disabilities in all areas of employment. It also guarantees that disabled people have equal access to public services, such as transportation and voting, and equal access to public places, such as restaurants, stores, hotels, airports, and public buildings. The goal of the ADA is for everyone with a disability to be able to live a life of freedom and equality.
The first section of the ADA (often called Title I) applies to employment. It makes it illegal to discriminate against qualified jobseekers or employees with disabilities, and requires employers to make reasonable accommodations to jobseekers and employees with disabilities, unless the accommodation would result in undue hardship to the business. The law applies to all stages of employment, including the job application process, hiring, firing, advancement, compensation, job training, and work-related events. In California, the Fair Employment and Housing Act (FEHA) also protects people with disabilities.
This article will explain the process of making sure your needs are met and your rights are respected when you look for a job, apply for a job, or get a job. This process may include disclosing your disability, requesting reasonable accommodations, negotiating your reasonable accommodations, and taking action if you feel discriminated against.
The federal ADA only covers employers with 15 or more employees. California's FEHA covers employers with five or more full-time or part-time employees (giving employees of these smaller companies the right to a reasonable accomodation), and the FEHA definition of a disability is broader than the federal standards. Both laws apply to private employers, state and local governments, and employment agencies.
The ADA does not apply to tax-exempt private membership clubs or the federal government. However, the Rehabilitation Act of 1973 is another law that is almost identical to the ADA and does apply to federal agencies. The ADA does not apply to businesses owned and operated by Indian tribes, but section 504 of the Rehabilitation Act may apply in situations when tribal employers accept federal financial assistance, as well as in cases when tribal laws have been adopted which are similar to the ADA.
The bottom line: If you work for an employer with five or more employees, your job is probably protected by one of these laws. If your employer has fewer than five employees, you may still be protected by these laws in some ways, depending on your situation.
Agencies That Can Help You
Disability Rights California is a federally designated Protection and Advocacy System for the State of California. Protection and Advocacy Systems are services that make sure the civil rights of persons with disabilities in California are protected. To accomplish this, DRC staff provide technical assistance statewide about the legal provisions of the ADA.
The California Civil Rights Department protects Californians from unlawful discrimination in employment, housing, and public accommodations, and from hate violence. California's definition of a disability is broader than the federal standards, and the state disability laws and rules provide employees more protections that the federal ADA, including employees of smaller companies.
For added details about the ADA and the legal rights it guarantees, see DB101's Know Your Rights and Responsibilities article.
Discrimination
If you are treated worse than other people, or unequally, because of your disability, you are being discriminated against. Disability discrimination can include being denied a necessary reasonable accommodation during hiring, when you are performing your job duties or meeting a job standard, or participating in job benefits. Here are a few examples of how you could be discriminated against at your job:
- You are denied a job or a promotion because of a disability, or are paid less than other nondisabled coworkers doing the same or similar job.
- Your employer uses a practice or a system that has the effect of screening you or a group of people with similar disabilities from jobs or opportunities because of disability, and it is not justified by the needs of the business.
- You were denied a reasonable accommodation that was necessary to perform your job because the employer did not want to spend money on accommodations.
- You face coercion, intimidation, or interference from enjoying the same privileges and benefits of employment because you asked for your rights under the ADA, or participated in the procedures under the ADA for investigating and addressing discrimination.
If you believe you have been discriminated against because of your disability, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), California Department of Justice Office of the Attorney General Civil Rights Section, or the California Civil Rights Department (CRD). To learn more about how to file a complaint or lawsuit, read DB101's Know Your Rights and Responsibilities article.
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Know Your Rights and Responsibilities
Understand the key laws that protect you from discrimination.
Finding the Right Job for You
Get some tips and resources that make it easier to find a job or career.
Workplace Personal Assistance
Your employer or the In-Home Supportive Services (IHSS) program may help you get personal assistance services at work.
Job Supports and Accommodations
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Disclosing Your Disability
It is your right to choose whether or not you disclose your disability. Disclosing your disability means you are telling your employer – or potential employer – that you have a disability. Your employer does not have the right to ask you about your disability during the hiring process before a job offer is made. Even after a job offer, there are legal limits about when and what an employer can ask about disability.
Whether to voluntarily disclose your disability or not is based on your personal needs, preferences, and comfort level with your disability. It is wise to carefully consider disclosing your disability when you apply for a job, start a new job, become disabled, or become aware that the nature of your disability is changing.
The Benefits of Disclosure
One of the reasons you may decide to disclose your disability is that it lets you request a reasonable accommodation during the application process, to perform the job duties, or to access benefits. When you tell your employer that you have a disability and that you need an accommodation, you begin a process that is unique to you and your particular circumstances.
If all applicants for a job need to take a timed exam, a person with a traumatic brain injury can request more time than everyone else. To do so, he will have to tell the employer he has a disability and why the disability needs the time extension. Even though the employer now knows the person has a disability, the ADA makes it illegal for the employer to use this information when making the hiring decision.
The employer cannot lower the score of the employment exam because a person with a disability used an accommodation. The employer needs to show, for example, that the slower speed to finish an exam related to job duties is evidence that the person will not be able to perform the essential functions of the job.
Another reason that you may choose to disclose your disability to an employer, or potential employer, is if you have an impairment that is readily visible to others. As noted, you are not required to voluntarily disclose your disability during the hiring process or after you have been offered a job. If you decide you want to address your disability upfront, you may be able to educate your employer or the workplace in ways that can avoid some of the stigma, discrimination, and misinformation others may have about your disability.
How Much to Disclose
If you decide to voluntarily disclose your disability to your employer, the amount of information and detail you give your employer about your disability is entirely up to you. When your employer has a legitimate need to know about your disability, it is acceptable to provide only what information is necessary to address the performing of essential job functions. For example, an employer may have a legitimate need to know more about your disability when you ask for a reasonable accommodation. Or your employer may have questions about whether there has been a change in your disabling condition if you stop performing your job safely after having a good safety record. There is no need, in an interview or while employed, to volunteer information beyond what is necessary to facilitate your employer’s legitimate disability-related questions and any reasonable accommodations you ask for.
The Equal Employment Opportunity Commission (EEOC) has information that can provide guidance about whether your employer’s questions are lawful. You can also contact staff at Disability Rights California.
Example
An employee tells her employer that she has a medical condition that is made worse by chemical cleansers and perfumes. She then requests that only scent-free or natural cleaning products be used in the office, that other employees no longer be allowed to wear scented products, and that her workspace be placed in a location that is well-ventilated.
Some employers will accept your request for a reasonable accommodation and not ask for more detailed information about your disability. Other employers may want you to give them specific documentation of your disabling condition, as a basis for the reasonable accommodation. If you cannot show that you have a disability, or that the disability-related accommodation you are requesting is necessary during the hiring process, in performing your job, or in accessing job benefits, the employer has a right to deny the accommodation.
For more information on what to do when your employer asks for medical information when you ask for an accommodation, click here.
The Responsibilities of the Employer
Generally, the only question about your disability that a potential employer is allowed to ask is:
“Can you perform the essential functions of your job with or without reasonable accommodation?”
If you have an obvious disability, or you have voluntarily disclosed your disability to a potential employer, and the employer has a reasonable belief that you would need accommodations because of the disability, he may ask whether you need accommodations and how you would perform the job with those accommodations.
A potential employer cannot ask questions that would require you to give information about your disability during the hiring process. For example, a potential employer is not allowed to ask you:
- How many sick days you were absent from your previous job
- If you have ever applied for Workers’ Compensation
- If you are taking prescription drugs
Once you are offered a job, an employer can require a medical examination, if all employees for that job are asked to pass a medical examination. Attendance may be a requirement of your new job. The employer can also state that you cannot use certain medications while you are at work. However, the employer must justify that these requirements are necessary for that specific job and to conduct its business.
If you tell your employer about your disability and ask for a reasonable accommodation, your employer is allowed to ask for some kind of documentation of your disability to understand how to best accommodate it. However, the employer is never allowed to disclose your disability to anyone, except in cases where managers and supervisors need to know about your limitations or accommodations, as well as first aid and safety personnel who may need to know how to assist or treat you in case of an emergency.
For information about your rights during the job application process, take a look at this EEOC information sheet about Job Applicants and the ADA.
Confidentiality
The ADA requires that employers keep any medical information they have about a disability-related inquiry or medical examination strictly confidential. This includes medical information from voluntary health or wellness programs, and any medical information voluntarily disclosed by an employee. Employers may share such information only in limited circumstances with others directly involved with the operation of the business, for example, supervisors, first-aid and safety personnel, and government officials investigating ADA claims.
Disclosing Is Your Right
Remember, it is your right to choose whether to voluntarily disclose your disability during the hiring process and during employment. However, if you choose not to disclose your disability at the time you determine that you need an accommodation, and you are unable to perform the essential functions of your job, your employer can take disciplinary action, or fire you if you can’t otherwise do your job. If that happens, you cannot claim that the employer discriminated against you because you have a disability.
Keep in mind that there are times when an employer may ask a question about disability without violating the ADA. For example, during a medical examination a prospective employer may ask all applicants for a medical history as part of the examination that they must pass for the conditional job offer. If an employee has been on leave due to an injury or illness, the employer may be able to ask questions about his or her fitness to return to work. If you have questions about what the employer may lawfully ask you about your disability in certain situations, you can consult with Disability Rights California, or review the EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (ADA).
Disclosure Decision Tree
Virginia Commonwealth University has designed a Disclosure Decision Tree tool that can help you decide whether it makes sense to you to disclose your disability to your employer and figure out how to do so. You can practice disclosing your disability with a close friend, family member, or career counselor to help you with your comfort level and skills.
The ADA Amendments Act Of 2008
The Americans with Disabilities Act (ADA) Amendments Act of 2008 makes several significant changes, including changes to the definition of the term "disability." Here is a list of specific changes to the ADA made by the ADA Amendments Act.
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Reasonable Accommodations
A reasonable accommodation is any kind of change or adjustment to the hiring process, job functions, work environment, or use of assistive technology that makes it possible for a qualified jobseeker or employee with a disability to have an equal opportunity to apply for employment, perform important job duties, meet employment standards, or enjoy the same benefits of employment as co-workers without disabilities.
When Do You Have the Legal Right to an Accommodation?
To have the right to an accommodation under the ADA, you must:
- Work for an employer with 15 or more employees (or a state or local government)
- Be a person with disability or history of a disability as defined in the ADA, and
- Need the accommodation because of your disability.
The California Fair Employment and Housing Act (FEHA) and the Rehabilitation Act of 1973 mean that if you work for a private employer with five or more employees or you are a federal employee, you have the right to an accommodation. Plus, the definition of a disability is broader under California's FEHA.
If you are covered by these laws, they will protect your right to reasonable accommodations in most situations. You must, however, ask for an accommodation. In fact, if you don’t request an accommodation and your job performance suffers, your employer has the right to fire you or take disciplinary action.
While you have the right to reasonable accommodations, you don’t necessarily have the right to get the particular accommodation you ask for. If there are other accommodations that will meet your needs, your employer is free to choose among those effective options. Also, your employer can deny your request for an accommodation if it would cause the employer an undue hardship.
You can always request an accommodation even if you do not meet all of the ADA eligibility conditions. For example, if you do not meet the ADA's definition of disability, you may want to discuss your need for an accommodation with your employer anyway; your employer may offer to work with you to find an accommodation, even if the ADA doesn’t require it.
- Making the workspace accessible by ensuring that there is a ramp or elevators
- Restructuring large assignments by dividing them into smaller tasks
- Modifying work schedules by allowing for longer breaks
- Providing qualified interpreters to facilitate communication with deaf employees
- Offering an adjustable height desk that allows an employee to either stand or sit while working
The following are not considered forms of reasonable accommodation and therefore are not required under the ADA:
- Removing or eliminating an essential function from a job
- Lowering production standards
- Offering items, such as a prosthetic limb, a wheelchair, eyeglasses, hearing aids, or similar devices, if they are also needed for personal use off the job
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Requesting an Accommodation
Why
You should request a reasonable accommodation when there is a barrier that prevents or makes it difficult for you to participate in the hiring process, perform your job, meet a job standard, or access other benefits of employment.
When
You can request an accommodation while applying for a job, after receiving a job offer, after acquiring a disability, or when the nature of your disability or job changes. Keep in mind, however, that you are not required to request a reasonable accommodation until after an employer has made a job offer or after you discover that you need an accommodation to perform the job, which may be after you start working.
If you request a reasonable accommodation before a job offer is made it may be difficult to prove whether the employer denied you the job because there was a more qualified applicant or because it did not want to pay for or go to the trouble of providing accommodations. Not hiring you because you need a reasonable accommodation would be discriminatory. You may want to consider waiting to get the job offer before requesting an accommodation.
What
To request an accommodation, you should first think about your individual needs and then identify reasonable accommodations that you believe will meet those needs. An employer does not have to give you the exact accommodation you request. If more than one accommodation would work, the employer may choose which one to offer to you.
Who
You, a family member, health care provider, or an advocate knowledgeable about your disability can ask your direct supervisor, human resources manager, or other management staff for an accommodation on your behalf.
How
You can request a reasonable accommodation from your employer either verbally or in writing. It may be wise to request the accommodation in writing so you have a record of your request. You can use plain English to make your request; and you don’t have to mention the ADA or use the phrase "reasonable accommodation." But if you use the phrase, “reasonable accommodation” and state this is a request made under the ADA, it will make it very clear. When you request a reasonable accommodation, you have successfully started the “interactive process.” The interactive process is discussed later in this article.
Note: You should consider keeping your own written record of your accommodation requests and any written responses from your employer in case you need documentation should you be denied and choose to file a discrimination charge. If your employer has specific steps and forms related to requesting an accommodation, keep a record of these steps and copies of each form you submit.
Verbal Accommodation Requests
Here are some examples of verbal accommodation requests. They are all requests because they let the employer know that an accommodation is needed to enable the employee to complete his or her essential duties:
- An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing. I’d like to have my starting time rescheduled.”
- An employee tells his supervisor, "I need 6 weeks off to get treatment for a back problem."
- A new employee who uses a wheelchair informs her employer that her wheelchair cannot fit under the desk in her office. She requests an adjustable desk as a reasonable accommodation.
Written Accommodation Requests
Although the ADA does not require you to put your accommodation request in writing, it is always a good idea to document your accommodation requests in case there is a dispute about whether or when you requested accommodation. One way to document an accommodation request is to make a written request.
The ADA does not have specific guidelines or require employers to use specific forms for reasonable accommodation requests or initiating the interactive process. If your employer has forms, you should use the employer’s forms to make your request. If you have any questions about whether your employer is seeking more medical information than is necessary to process your request, contact staff at Disability Rights California to inquire about your rights.
If your employer doesn’t have a form, you can write a letter (or email) that clearly states your request and the medical condition that it is related to. The Job Accommodation Network (JAN) recommends that you include the following in your letter:
- Identify yourself as a person with a disability
- State that you are requesting accommodations under the ADA (or the Rehabilitation Act of 1973, if you are a federal employee)
- Identify your specific problematic job tasks
- Identify your accommodation ideas
- Request your employer's accommodation ideas
- Refer to attached medical documentation, if appropriate or needed
- Ask that your employer respond to your request in a reasonable amount of time
The Responsibilities of the Employer
Reasonable accommodations must be given to applicants and qualified employees regardless of whether they desire or have part-time, full-time, temporary, or permanent positions, or whether they are on probationary status.
After you request an accommodation and your employer agrees to your request, it is your employer’s responsibility to give you that accommodation. For example, if an employer requires employees to attend events outside the office and arranges transportation for those events, it is the employer's responsibility to make sure that the events are accessible to you. This includes the location itself and the transportation to the location.
If the accommodation you need is too difficult or too expensive to get, in relation to the employer's size, financial resources, and the needs of the business (including the size and resources of any parent company), then the employer does not have to give you the requested accommodation. This is called “undue hardship.” The employer can also deny your request if the accommodation prevents you from completing the essential duties of the job.
Example
You are a security guard for an office building and your job is to make sure that people sign-in and to watch the security cameras. If you request longer or more frequent breaks, the employer may deny your request because performing the essential job functions requires you to be physically at your station when the building is open.
An employer may not deny you an accommodation just because it involves some cost. Likewise, an employer cannot claim undue hardship based on employees' (or customers') fears or prejudices toward a person’s disability. An employer may not base a claim of undue hardship on the idea that providing one person with a reasonable accommodation might have a negative impact on the morale of other employees.
An employer also has the responsibility to respond to your request in a reasonable amount of time. Although there is no specific amount of time that employers have to respond to a reasonable accommodation request, unnecessary delays to respond to or carry out an accommodation request can result in a violation of the ADA.
- An employer offers parking to all employees. An employee who uses a wheelchair requests from his supervisor an accessible parking space, explaining that the spaces are so narrow that there is not enough room for his van to extend the ramp that allows him to get in and out of his vehicle. The supervisor does not act on the request and does not forward it to someone with authority to respond. The employee makes a second request to the supervisor. Still, two months after the initial request, nothing has been done. Although the supervisor never definitively denies the request, the lack of action under these circumstances amounts to a denial, and thus violates the ADA.
- An employee who is blind requests adaptive equipment for her computer as a reasonable accommodation. The employer orders this equipment and is informed that it will take 3 months before it will be delivered. No other company sells the adaptive equipment the employee needs. The employer tells the employee that someone worked on the accommodation request and has ordered the equipment. Although it will take 3 months to get the equipment, the employer has moved as quickly as possible to get the equipment. Thus, there is no ADA violation resulting from the delay. The employer and employee should figure out what can be done so that the employee can perform her job as effectively as possible while waiting for the equipment to arrive. The employer should not discipline or terminate the employee because they could not perform functions without the accommodation.
Paying for Accommodations
Many accommodations create no additional expense for your employer or are just a one-time cost, such as the purchase of additional equipment. Employers have to pay for the reasonable accommodation. They cannot pass the cost on to you by lowering your salary or paying you less than other employees in similar positions.
When determining whether an accommodation is too costly, the actual cost is what must be considered. For example, an employer who can’t afford the full price of assistive technology may be able to afford it after applying an available tax credit or tax deduction from the Internal Revenue Service. However, if the net cost of an accommodation is too expensive for the employer, the employer will be required to pay the portion that would not result in an undue burden and have the remainder paid by you, a government agency, or a private agency.
More information on where to find help to pay for accommodations can be found later in this article.
Resources for Disclosure and Reasonable Accommodations
The following resources can help you make informed decisions about disclosure and reasonable accommodations:
- The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) has a highly respected website called the Job Accommodation Network (JAN), an excellent place to start. JAN has information for jobseekers, employees, and employers. It also has links to local organizations. JAN also has a list of accommodations frequently used to help people with different disabilities and a database that can be searched.
- The National Collaborative on Workforce and Disability created The 411 on Disability Disclosure: a Workbook for Families, Educators, Youth Services Professionals, and Adult Allies Who Care About Youth with Disabilities.
- Boston University’s Center for Psychiatric Rehabilitation has a website on reasonable accommodations and disability disclosure for people with psychiatric disabilities.
Jane is a veteran who recently came home from war. She is transitioning back to civilian life, including returning to her previous job as a pharmacy technician. While Jane was deployed, she developed Post-Traumatic Stress Disorder (PTSD). As a result of the PTSD, she avoids busy places and social interactions with people because they cause her to recall difficult experiences. She also has a hard time concentrating, difficulty sleeping, and anxiety attacks.
Jane should think through her needs and then identify the reasonable accommodations required to meet those needs.
Needs
In order to perform her job well, Jane thinks she needs help with:
- Reduction of stress
- Concentration
- Organization
- Additional rest, and
- Dealing with disturbing emotions and memories.
Reasonable Accommodations
These are some accommodations that Jane could request for her needs:
- Private space in the back of the pharmacy away from customers
- Permission to wear white noise headphones while working
- Dividing her large assignments into smaller tasks and steps
- Both verbal and written instructions from the pharmacist
- Longer or more frequent work breaks
- Backup coverage for when she needs to take breaks, and
- Additional time off for counseling.
After Jane discloses her PTSD and requests one or more reasonable accommodations, she and the employer can begin an “interactive process” to decide which accommodation or accommodations will allow Jane to perform the essential functions of her job without imposing an undue hardship on the business.
Learn more
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Understand the key laws that protect you from discrimination.
Finding the Right Job for You
Get some tips and resources that make it easier to find a job or career.
Workplace Personal Assistance
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Job Supports and Accommodations
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The Interactive Process
Your request for a reasonable accommodation can be verbal or submitted in writing. Sometimes the process can be very informal, where you ask for an accommodation and the employer gives it to you. However, this process can also be more formal.
The interactive process is an ongoing dialogue between the employer and the jobseeker (or employee) so that together you can find an effective reasonable accommodation.
Sometimes you and the employer will find more than one accommodation that would work well. If that is the case, the employer may choose the accommodation that is less costly or that is easier to provide in the business.
If you personally don’t request an accommodation, another employee, your spouse, a family member, a health care practitioner, a case manager, or an advocate can make the request on your behalf. If your employer is aware that you need an accommodation, even if you don’t directly request it, he or she should begin a “good-faith” interactive process without delay. For example, if an employee uses a wheelchair and access to a part of the employer’s building will be inaccessible by wheelchair, the employer should begin the interactive process to determine how to accommodate the employee during construction.
The exact steps of the interactive process can differ by organization, department, or specific circumstances of the person with a disability. Here are the most common steps:
- You request a reasonable accommodation.
- You and your employer identify the needs and limitations related to your disability.
- Your employer may ask your medical provider or other professional to document your disability or medical condition.
- You and your employer identify the nonessential and essential functions of your job.
- You and your employer find possible accommodations based on your knowledge and experience, outside research, and recommendations by medical providers or other professionals.
- You and your employer agree upon the effective accommodation(s) based on the essential functions of the job, your preferences, and the employer’s potential financial costs and administrative burden.
- Your employer must follow through, provide the accommodation, and ensure its effectiveness.
Changes may need to be made to the original accommodation. Therefore, both the employer and employee should keep an open dialogue about whether the selected accommodation is working and, if not, whether changes to the accommodation or new accommodations are needed.
Even if your employer has no official steps in place for employees to request accommodations, you should still keep a written record of your accommodation request. For example, you can request your accommodations by email and, if there is any verbal communication about your accommodation, you should verify the conversation afterwards by email and ask your employer to let you know in writing if they have a different understanding of the conversation. This creates a written archive that can be useful at a later time.
Learn more
Know Your Rights and Responsibilities
Understand the key laws that protect you from discrimination.
Finding the Right Job for You
Get some tips and resources that make it easier to find a job or career.
Workplace Personal Assistance
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Job Supports and Accommodations
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Common Types of Accommodations
You’ve learned something about when and how to request a reasonable accommodation. Before you actually talk to your employer about getting an accommodation, it can help to learn more about what types of accommodations exist.
Equipment provided to the employee is best when it is “universally designed.” The use of Universal Design equipment ensures that its manufacturer made an extra effort to guarantee that people with diverse abilities can use it.
However, it isn’t always possible to buy universally designed equipment. Many types of new technology are designed without considering people with disabilities. The oversight can create unnecessary barriers. In other situations, even if a product has been universally designed, depending on a person’s disability, they may still need a reasonable accommodation in order to perform their work.
Assistive Technology
Employers may offer a type of accommodation called Assistive Technology (AT). AT includes technology and devices that enable people with disabilities to perform tasks that they would otherwise be unable to accomplish, or would have difficulty accomplishing.
AT covers a wide range of technologies and equipment, including adaptive computer software and hardware, ergonomic and more accessible workspaces, and adaptive safety equipment. Here are some examples of AT that could be used as reasonable accommodations.
- Computer screen-reading software for employees who are blind or have dyslexia
- Adaptive computer equipment that allows people to control a computer's mouse with their head, feet, or eyes.
- Electronic organizers for people with traumatic brain injury or Attention Deficit Hyperactivity Disorder (ADHD)
- Assistive listening devices (ALDs) for employees with hearing loss
- Adjustable height roll-in desks for wheelchair users and for those who need to stand for parts of their work day versus sitting all day
Accessing Assistive Technology
Ability Tools, formerly known as the California Assistive Technology Network (AT Network), keeps track of AT resources and providers in California. Ability Tools can help you locate AT sources for specific disabilities, and refer you to groups that can help you learn more about AT and help you find ways to pay for AT. Ability Tools can help you find answers to questions such as:
- What is Assistive Technology?
- Who are the specialists?
- Where are the service sites?
-
Where are accessible sites to:
- Try equipment
- Search for employment, and
- Talk to people who know?
If you visit a local America's Job Center of California (AJCC) (One-Stop), you can ask about and try out the assistive technology the Center has to access Center services and resources. Centers are equipped with computer software and AT equipment to help people who are blind, visually impaired, or who have other physical impairments. These services can help you with a range of job planning activities.
Assistive Technology and California Veterans
The Veterans Administration offers funding for AT for veterans with disabilities who are eligible. However, it might be best to start checking locally with the California Employment Development Department's Services for Veterans. EDD veterans' representatives help veterans and their eligible spouses make the most of their job and training opportunities. Each local EDD office has a veterans representative available to work with veterans.
Assistive Technology Funding
Usually, your employer will be responsible for paying for and providing assistive technology services that you need to perform your job or satisfy your job standards. However, sometimes people need or want AT that would be too costly for an employer. Alternatively, some people want to be able to keep their AT if they switch employers, because it is specially designed to fit their needs.
In cases where the employer does not pay for AT, you can explore other options from government resources or private grants.
Here are some funding alternatives for AT:
- Medi-Cal helps pay medical expenses for people with disabilities, including Assistive Technology (AT). For AT to be paid for by Medi-Cal, the device must be for a medical condition and be prescribed by a physician.
- The California Department of Rehabilitation (DOR) can fund AT to help a person with a disability find, get, and keep their employment. You must meet their eligibility rules in order to get these services.
- Workers’ Compensation often pays for AT for people with work-related injuries.
- PASS (Plan to Achieve Self-Support) is a program offered by the Social Security Administration for people who get SSI or SSDI. Through PASS, it is possible to save up money for AT without losing eligibility for benefits.
Resources to Learn More about Assistive Technology
- Accessible Technology for All has workplace and assistive technology resource guides.
- Closing the Gap provides professionals, parents, and consumers with information and training to best locate, compare, and implement assistive technology into the lives of persons with disabilities.
- Ability Tools offers a variety of services for Californians with disabilities, including an assistive technology marketplace, device lending libraries, loan programs, and information and referral services. It also provides in-person and webinar trainings, and coordinates the California Assistive Technology Reuse Coalition, which helps connect AT users with gently used equipment.
Specific Technology Resources
- Microsoft has a webpage dedicated to describing accessibility options in its products.
- The National Mobility Equipment Dealers Association (NMEDA) can help you find organizations that sell mobility equipment.
Personal Assistance Services (PAS)
Personal Assistance Services (PAS) are services that another person offers to a person with a disability that assist with activities of daily living. These services can include help with:
- Home activities, such as bathing, dressing, cooking, personal hygiene, and remembering things
- Community activities, such as shopping, going to the doctor, and help getting around
- Work activities, such as reading, sign-language interpretation, and lifting or reaching
In-Home Supportive Services (IHSS)
Most people either pay for Personal Assistance Services on their own or with support from the California In-Home Supportive Services (IHSS) program. In order to have IHSS pay for PAS, you must have a disability or be 65 or older. The program is often seen as an alternative to assisted living or nursing homes. For example, if they determine that you can live in your own home safely, and to do that you need someone to help you with getting up and bathing in the morning, you may qualify to have IHSS pay for your personal assistant. To learn more about PAS and IHSS, read DB101’s IHSS article.
For IHSS, you generally must qualify for Medi-Cal. You may qualify for Medi-Cal in different ways and if you don’t meet Medical's income-based or diability-based income limits because of your income through paid work, you still may be eligible for PAS as part of Medi-Cal's Working Disabled Program. To find out more about Medi-Cal eligibility, read the DB101 article on Medi-Cal.
To find out if you are eligible for IHSS, contact your county In-Home Supportive Services (IHSS) office.
Workplace Personal Assistance Services
You can use workplace Personal Assistance Services (PAS) to help you perform the essential duties of your job. If you need PAS services, they may be considered a reasonable accommodation under the ADA and the employer would have the responsibility to offer PAS services if you request them.
IHSS does not pay for personal assistance at work when it is a reasonable accommodation that should be provided by the employer. However, IHSS might pay for services that are primarily personal in nature and not job related, such as help during meals, with personal care, for bathroom breaks, or with personal hygiene.
Learn more in DB101's Workplace Personal Assistance article.
Here are some forms of workplace PAS that can be used as a reasonable accommodation:
During the Hiring Process
- Sign-language interpreter during the interview for someone who is deaf
- A reader for the employment exam for someone who has a visual impairment
- A personal assistant for someone who has limited use of their arms to fill out an application for employers that require filling out the application on site
During Employment
- Filing duties, retrieving work materials that are heavy or out of reach, or performing other nonessential manual tasks
- Assistance with business-related travel for an individual with a mobility or visual impairment
- Reading to people who are blind
Funding for Workplace PAS
Workplace PAS are often funded by an employer when they are considered a reasonable accommodation. Additional funding may also be available from the following sources:
- The California Department of Rehabilitation (DOR)
- The Veterans Administration
- Workers' compensation coverage
Resources on Workplace Personal Assistant Services
- The Job Accommodation Network's Accommodation and Compliance Series answers a series of common questions about workplace Personal Assistance Services and provides links to numerous PAS resources.
- Virginia Commonwealth University’s Rehabilitation Research and Training Center on Workplace Supports and Job Retention has a Personal Assistance in the Workplace: A Customer-Directed Guide Manual.
Learn more
Know Your Rights and Responsibilities
Understand the key laws that protect you from discrimination.
Finding the Right Job for You
Get some tips and resources that make it easier to find a job or career.
Workplace Personal Assistance
Your employer or the In-Home Supportive Services (IHSS) program may help you get personal assistance services at work.
Try It
Frequently Asked Questions
How long does an employer have to respond to an accommodation request?

There is no specific amount of time that employers have to respond to a reasonable accommodation request, but they should respond as quickly as possible. Unnecessary delays to respond to or carry out an accommodation request can result in a violation of the ADA.
Once the employers respond, they should also carry out the accommodation promptly. Even when you and your employer need to talk about possible options for accommodation, the discussions should take place as soon as possible.
What if my employer says no to an accommodation?

If your employer refuses your accommodation request, ask for a written denial with an explanation of the reason. This way, you can figure out what to do next. For example, if your employer refused your request because your medical information did not show that you have a disability, you can give your employer additional information. Or, if your employer decided that the accommodation you requested would pose an undue hardship, you could suggest other options or ask to your employer if they have a suggested accommodation they believe could work. If you or your employer does not come up with another suggested accommodation, you can request that you and your employer consult with someone knowledgeable about accommodations, such as staff at the Job Accommodation Network.
If you think that your employer does not have a valid reason to refuse your request, or your employer will not tell you why the request was refused, you can appeal the decision to someone higher up at your workplace, file a grievance with your union if you have one, or file a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC), California Department of Justice Office of the Attorney General Civil Rights Section, or the California Civil Rights Department (CRD).
For more information about how to file a discrimination charge with the EEOC, Attorney General, or CRD, see DB101's Know Your Rights and Responsibilities article. Keep in mind that you are not required to appeal the refusal higher up in the company before you file an employment discrimination charge. But if you do choose to take these steps, you must file your discrimination charge within the deadline for EEOC, Attorney General, and the CRD, even if those steps have not been completed. The deadlines for filing with the EEOC, Attorney General, or the CRD do not stop while you are following the company procedures.
What if I need another accommodation in the future?

You can ask for accommodations multiple times, and for multiple reasons. It is illegal for the employer to reject a request simply because you have previously asked for an accommodation, as the situation may have changed. Reasons for denying a prior accommodation request may no longer apply. For example, your condition may have become less or more disabling, your job duties may have changed, the employer’s operations may have become more profitable, or other accommodations may have become available that were not available in the past.
Some people only need one reasonable accommodation, while others may need more than one. Still others may need one reasonable accommodation for a period of time, and then, at a later date, require another type of accommodation. An employer must consider each request for a reasonable accommodation on a case-by-case basis.
Can my employer retaliate against me for asking for an accommodation?

It is illegal for an employer to retaliate against you (get back at you) for asserting your rights under the ADA. If your employer retaliates against you for requesting an accommodation, you may report the retaliation to someone higher up in the company or agency or contact the EEOC.
More information about contacting them is included in DB101's Know Your Rights and Responsibilities article. Keep in mind that you are not required to first report the retaliation to higher management before you file a retaliation charge. If you choose to do so, you must file your discrimination charge within the deadlines for the EEOC and the Civil Rights Department (CRD).
What can I do if I think I am being discriminated against?

If you think you have been discriminated against (treated unfairly or unequally) at work because you have a disability, were denied a reasonable accommodation that you requested, or were retaliated against for asking for your ADA rights, you should contact the EEOC, the Attorney General, or the CRD as soon as possible.
The law that addresses the rights of persons with disabilities and the obligations of employers in California is the Fair Employment and Housing Act (FEHA). Under FEHA, a charge of disability discrimination in employment must be filed within one year of the date of discrimination. Under the federal ADA, a charge of discrimination generally must be filed within 300 days of the date you were discriminated against. If you do not file within these deadlines, you could lose the right to file a discrimination charge, or later bring a lawsuit under the ADA or FEHA. If you have missed the federal ADA 300-day deadline, you should still contact the CRD because of the longer one-year deadline under the California FEHA.
If, after finishing its investigation, the EEOC decides that you have been discriminated against, the EEOC will attempt to get your employer to voluntarily comply with the ADA and provide you with solutions to address the discrimination you faced. For example, the EEOC can ask an employer to provide, where appropriate, back pay, rehire, promotion, provision of a reasonable accommodation, emotional distress damages, and if you had an attorney, attorney expenses for legal services. If an employer refuses to agree to provide this type of relief, the EEOC may bring a lawsuit on your behalf.
If the EEOC does not choose to sue, you will have the right to bring your own lawsuit under the ADA. To learn more about how to file a complaint or lawsuit, see DB101's Know Your Rights and Responsibilities article.
Learn more
Know Your Rights and Responsibilities
Understand the key laws that protect you from discrimination.
Finding the Right Job for You
Get some tips and resources that make it easier to find a job or career.
Workplace Personal Assistance
Your employer or the In-Home Supportive Services (IHSS) program may help you get personal assistance services at work.
Try It
Common Pitfalls
Requesting an accommodation before you need to
You can request an accommodation while applying for a job, after receiving a job offer, after acquiring a disability, or when the nature of your disability or job changes. Keep in mind, however, that you are not required to request a reasonable accommodation until after an employer has made a job offer or after you discover that you need an accommodation to perform the job, which may be after you start working.
If you request a reasonable accommodation before a job offer is made it may be difficult to prove whether the employer denied you the job because there was a more qualified applicant or because it did not want to pay for or go to the trouble of providing accommodations. Not hiring you because you need a reasonable accommodation would be discriminatory. You may want to consider waiting to get the job offer before requesting an accommodation.
Disclosing more than you are required to disclose
If you decide to voluntarily disclose your disability to your employer, the amount of information and detail you give your employer about your disability is entirely up to you. When your employer has a legitimate need to know about your disability, it is acceptable to provide only what information is necessary to address the performing of essential job functions.
For example, an employer may have a legitimate need to know more about your disability when you ask for a reasonable accommodation. Or your employer may have questions about whether there has been a change in your disabling condition if you stop performing your job safely after having a good safety record. There is no need, in an interview or while employed, to volunteer information beyond what is necessary to facilitate your employer’s legitimate disability-related questions and any reasonable accommodations you ask for.
Not requesting an accommodation you need
You should request a reasonable accommodation when there is a barrier that prevents or makes it difficult for you to participate in the hiring process, perform your job, meet a job standard, or access other benefits of employment.
It is your right to choose whether to voluntarily disclose your disability during the hiring process and during employment. However, if you choose not to disclose your disability at the time you determine that you need an accommodation, and you are unable to perform the essential functions of your job, your employer can take disciplinary action, or fire you if you can’t otherwise do your job. If that happens, you cannot claim that the employer discriminated against you because you have a disability.
Not documenting your accommodation request
Even if your employer has no official steps in place for employees to request accommodations, you should still keep a written record of your accommodation request. For example, you can request your accommodations by email and, if there is any verbal communication about your accommodation, you should verify the conversation afterwards by email and ask your employer to let you know in writing if they have a different understanding of the conversation. This creates a written archive that can be useful at a later time, especially if there is a misunderstanding or your employer does not want to provide a necessary accommodation.
Learn more
Know Your Rights and Responsibilities
Understand the key laws that protect you from discrimination.
Finding the Right Job for You
Get some tips and resources that make it easier to find a job or career.
Workplace Personal Assistance
Your employer or the In-Home Supportive Services (IHSS) program may help you get personal assistance services at work.
Try It
Resources
Learn More About Job Supports and Accommodations
The Job Accommodation Network (JAN) has information for jobseekers, employees, and employers, including a list of common accommodations and an accommodation database.
Boston University’s Center for Psychiatric Rehabilitation has a website on reasonable accommodations and disability disclosure for people with psychiatric disabilities.
Learn More About Assistive Technology
You can try out different Assistive Technology (AT) equipment at a local America's Job Center of California (AJCC) (One-Stop) or through device lending libraries.
Ability Tools, formerly known as the California Assistive Technology Network (AT Network), helps Californians with disabilities learn about, find, and acquire assistive technology.
The California Assistive Technology Reuse Coalition helps connect AT users with gently used equipment.
The Disability Business and Technical Assistance Center (DBTAC) has information on assistive technology in the workplace.
Infinite Potential Through Assistive Technology (Infinitec) has informational articles on how to get and use Assistive Technology devices. They have detailed information on specific types of devices to use at home, work, and everything between.
Getting Help with Your Benefits
If you get Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or Childhood Disability Benefits (CDB), and you're looking for a job, a trained Benefits Planner can help you avoid problems with your job plan. If you need help or have questions about your situation, you can call the Ticket to Work Help Line at 1-866-968-7842 or 1-866-833-2967 (TTY), Monday through Friday.
View DB101's full list of experts who can help you understand different benefits.
Community-Based Organizations
Various community-based organizations guide people through state, federal, public, and private health and income programs. Some organizations may work with specific populations while others work with people with any type of disability. Here are a few examples
Goodwill Industries services range from personal evaluation and office skills training to career counseling, childcare, and transportation. Some Goodwill Industries centers also do benefits planning for people who get SSI, SSDI, and Medicare. Find locations at www.Goodwill.org, or by calling (voice) 1-800-466-3945.
The California Foundation for Independent Living Centers lists centers serving people with all disabilities. Many of these centers do benefits planning for people who get SSI, SSDI, and Medicare. If they don't offer benefits planning themselves, Independent Living Centers can refer you to local benefits planners. Find the list of independent living centers at www.CFILC.org, or by calling (voice) 1-916-325-1690 or (TTY) 1-916-325-1695.
The California Department of Public Health's Office of AIDS lists 1,300 organizations offering HIV/AIDS services throughout California. Some of these organizations provide case management, benefits planning, and benefits counseling services that can include help with public and private benefits programs. You can search the list online, or call (voice) 1-800-367-AIDS (2437) or (TTY) 1-888-225-AIDS (2437).
Disability Rights California provides representation for consumers of public programs who are disabled. Website publications include topics on health care, benefit programs, and In-Home Supportive Services.
Find a Job
In California, the Department of Rehabilitation (DOR) can help you apply, prepare for, and find a job.
America's Job Centers of California can help you find a job and plan for your career. Find your local America's Job Center of California (AJCC) (One-Stop).
CalJOBS is an online service offered by the California Employment Development Department (EDD). It’s an excellent place to look for job openings and to post your resume.
The U.S. Department of Labor has a website called My Skills, My Future that helps job seekers match their skills with new careers and find out what training is needed to move from one job to another.
DOR's Deaf and Hard of Hearing Services (DHHS) offers consultation and referrals for supported employment services for people who are deaf or hard of hearing. Rehabilitation Counselors for the Deaf and Hard of Hearing (RCDs) are located in most DOR offices statewide.
People with visual impairments can get vocational rehabilitation services from DOR's Blind Field Services (BFS). For more information, call 916-558-5480, or visit BFS staff in DOR offices statewide.
Learn more
Know Your Rights and Responsibilities
Understand the key laws that protect you from discrimination.
Finding the Right Job for You
Get some tips and resources that make it easier to find a job or career.
Workplace Personal Assistance
Your employer or the In-Home Supportive Services (IHSS) program may help you get personal assistance services at work.