On March 1, 1999, the EEOC released an interpretive guidance that analyzes employers’ reasonable accommodation obligations under ADA. As usual, the federal agency has expansively interpreted the applicable statutory provisions and taken positions that are adverse to the interest of employers. According to the EEOC, a disabled individual must notify the employer that he or she needs an adjustment or change for reasons related to a medical condition. However, the worker does not have to specifically mention ADA or use the phrase "reasonable accommodation." The guidance includes that a statement as follows is adequate to request reasonable accommodation:
I need six weeks off to get treatment for a back problem.
Additionally, the EEOC guidance states that the accommodation request does not need to be made by the disabled individual. Basically, it can be anybody, including family members, friends, co-workers, and others. Here is a specific example of a reasonable accommodation request from the guidance:
An employee has been out of work for six months with a workers’ compensation injury. The employee’s doctor sends the employer a letter stating the employee is released to return to work, but with certain work restrictions. (Alternatively, the letter may state that the employee is released to return to a light duty position.) The guidance holds this letter constitutes a request for reasonable accommodation. Furthermore, the guidance states that even a casual comment to a low level (rather than the employee’s direct) supervisor puts the employer "on notice" of a request for a reasonable accommodation.
As expected, the interpretation of ADA becomes more problematic almost by the day.
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