By Julie Foster

– Note: This information does not constitute legal advice. The law is constantly changing and application of the ADA depends on the specific circumstances of each case. Consult an attorney when faced with legal issues.

– The first thing you must do is ask for an accommodation. You are not required to make the request in writing but it is best practice to put everything writing.

What should I say?

Write to your supervisor, human resources manager, and any managers who oversee your supervisor that you have a disability and are requesting a reasonable accommodation. Explain that nature of your disability and what job tasks you need help with at work. For example: I have a visual impairment and need accommodations to read documents. You can also suggest a particular accommodation, such as a screen reader. You may need more than one accommodation to perform the essential functions of your job. Be as specific as possible in explaining your impairment(s) what you need to do your job.

Then what should I do?

Your employer must respond to your request within a reasonable amount of time. Your employer does not have to give you the specific accommodation that you requested, but does have to discuss your accommodations needs with you in good faith; this is called the interactive process. Document all responses in writing with dates. If the employer responded to you verbally, send a follow up email summarizing your conversation. Keep a copy of all of these documents.

Your employer may ask for medical documentation from you if your disability is not “obvious” such as a heart condition. You have an obligation to respond promptly to your employer’s requests for information. The goal of the interactive process is to exchange information about your medical condition and your employer’s workplace modification options to find solutions that enable you do to your job.

What if my employer says my accommodation request is unreasonable?

You and your employer should continue the interactive process to determine whether there is an accommodation that would enable you to do your job without imposing an undue burden on the employer. Whether a particular accommodation is reasonable depends on the nature of the job, the size and resources of the employer, the number of other employees available to take on nonessential job functions, the nature of the accommodation, and other factors. An accommodation is not unreasonable merely because it will cost your employer a nominal amount of money.

What if my employer never responds?

You can make follow-up requests every week–be persistent! But do not wait more than a few months. You only have 6 months to file a claim under Pennsylvania law and 300 days to file a claim under federal law (45 days if you are a federal employee). If you want to file a legal charge because your employer refuses to provide a reasonable accommodation, you can file a charge with the Equal Employment Opportunity Commission or the Pennsylvania Human Relations Commission.

If you need free advice on how to obtain an accommodation, contact the disability employment discrimination project at the Public Interest Law Center of Philadelphia at disabilityintake@pilcop.org or 215-267-7100. You can also find more information on the provision of reasonable accommodations at http://www.pilcop.org/know-your-rights.