Checklist: Determining Reasonable Accommodation

The following checklist was developed by David K. Fram, Director of EEO and ADA Training, National Employment Law Institute.

Does the individual claim to need reasonable accommodation?

Yes No

 If yes:  Does the person have a current disability?

Yes No

[Note: If Individual claims ADA protection only as a result of "record of" or "regarded as" coverage, the person is not entitled to reasonable accommodation.]

Did the person request reasonable accommodation (i.e., did the person ask for a modification or change because of a medical condition)? (Describe)

In which aspect of employment is reasonable accommodation needed?

Application process

Performance of job (including leave)

Benefits and privileges of employment

What accommodation (if anything specific) was requested?

Equipment or Machinery

Reader

Interpreter

Modification of Policy (including Leave Policy)

Accessibility

Job Restructuring (Reallocation of Marginal Functions)

Modification to Work Schedule

Examinations/Training Materials

Reassignment

Other

Describe accommodation requested:

Is the reasonable accommodation needed because of disability?

Yes No (Discuss)

Did you engage in an "interactive process" to identify an effective accommodation?

Yes No

Did you discuss accommodation with the individual?

Yes No

If yes, document discussions (include attachments, if necessary).

Did you request assistance in determining accommodation from any outside source (e.g., the Job Accommodation Network)?

Yes No

If yes, document discussions (include attachments, if necessary).

Has accommodation been provided?

Yes No

If yes, is accommodation effective (i.e., does it work?)

Yes No (Discuss)

Do you claim that providing reasonable accommodation would impose an undue hardship?

Yes No

If yes:

What evidence exists to support undue hardship?

Nature and net cost of accommodation (taking into account availability of tax credits and deductions, and/or outside funding)

Overall financial resources of facility/facilities, number of employees at facility, and effect on expenses and resources

Overall financial resources of covered entity, overall size of business of covered entity with respect to the number of employees and the number, type and location of facility/facilities

Type of operation(s) of covered entity, including composition, structure, and functions of the workforce of covered entity, and geographical separateness and administrative fiscal relationship of facility/facilities in question to the covered entity

Impact of the accommodation on the operation of the facility, including impact on other employees' ability to perform duties and facility's ability to conduct business

Terms of collective bargaining agreement. (Discuss how the accommodation would affect the rights of other employees and whether you tried to negotiate a change to CBA)

Describe and document evidence supporting undue hardship: