The Neuroaudiology Lab at the University of Texas at Dallas does cutting edge hyperacusis research and provides resources to patients. Thanks to Dr. Kelly Jahn for suggesting a series of blawgs to help people with hearing conditions better understand their rights under the Americans with Disabilities Act. This week we’ll address how to make an ADA accommodation request.
Overview
The ADA requires employers and businesses open to the public to provide reasonable accommodations. The EEOC is charged with implementing Title I the ADA in the workplace, as is the DOJ at businesses open to the public under Title III. Although the ADA and related regulations have several specific architectural and auxiliary aid requirements, they also recognize policies and practices can sometimes make it “difficult or impossible” for disabled customers to access goods and services. Accordingly, businesses must be flexible and make “reasonable accommodations,” that often involve minor adjustments.
Requirements for an ADA Accommodation Request
The EEOC notes one can use “plain English” to make a request, and one does not have to mention the ADA or use the phrase “reasonable accommodation.” Requests do not have to be in writing, and can be in a face-to-face conversation or using any other method of communication. However, there are some key differences between Title I employee and Title III patron accommodations, such as am employer’s right to ask for medical documentation, and the employer’s duty to keep records. As noted in a recent blawg, there are some limitations on a business’ duty to accommodate, such as undue hardship and fundamental alteration of the goods and services. Furthermore, businesses may be able to provide alternate effective options. In addition, employers are required to engage in a transparent interactive process to share information, identify and implement an employee request. Businesses are highly encouraged do the same for patron requests.
In my experience one has to be prepared for a range of responses. Practically, getting an accommodation often depends on the training of the person standing in front of you. Most people are happy to simply comply with reasonable requests. Others who may not be familiar with hyperacusis are curious and ask for more information, which is a great opportunity to raise awareness. Others may be ill-informed, dismissive or even challenge whether one needs an accommodation. When dealing with employers, or businesses one regularly frequents (such a grocery store), taking the time to “patiently” explain concerns, listen to business concerns, and be flexible in finding a mutual solution helps build relationships and bring practical results.
Record Keeping
Like many things in life, one hopes for the best but should prepare for something less. Unfortunately, in some cases businesses simply refuse to accommodate a reasonable request. Accordingly, even if one makes an oral request, putting it in writing too helps in case there is a dispute. In addition, the ADA does not require businesses to keep records of patron requests.
As noted above, the ADA prohibits discrimination or retaliation. The legal requirements to establish an ADA violation are: “(1) [one] is a ‘qualified individual with a disability’; (2) the defendant was aware of [the] disability; and (3) the defendant failed to reasonably accommodate [the] disability.” EEOC v. Sears, Roebuck & Co., 417 F.3d 789, 797 (7th Cir.2005). Furthermore, in general one “must request an accommodation for [the] disability” in order to claim one was “improperly denied an accommodation under the ADA.” Preddie v. Bartholomew Consol. Sch. Corp., 799 F.3d 806, 813 (7th Cir. 2015). Accordingly, those elements should be included in a written request.
The US Department of Labor’s Job Accommodation Network has a Sample Accommodation Request letter, that one can also adapt for patron use. Please note each situation is unique. The sample accommodation request letter is provided as a guide only and is not legal advice.
What if the Request is Refused?
Although most businesses want to accommodate, sometimes despite good faith efforts the parties simply can’t agree. What to do when an ADA request is refused will be the subject of a future blawg.
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Disclaimer: This content is provided for general informational purposes only, and may not reflect the current law in all jurisdictions. If legal advice is needed, contact a legal service. No information contained in this post should be construed as legal advice nor is it intended to be a substitute for legal counsel on any subject matter. Readers should consult their own advisor for legal or other advice.