Reasonable Accommodations
It is unlawful for any employer not to make reasonable accommodations for the known physical or mental limitations of a qualified individual with a disability who is an applicant or employee, unless such employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer.
What is an Accommodation?
Any change in the application process, workplace, or in the way things are normally done, to assist a person with a disability in performing the duties of their position or enjoying the benefits and privileges of their employment.
If there is no accommodation which would enable an employee to perform the essential functions of their position, reassignment to another, vacant position should be explored.
Requesting an Accommodation
An employee should familiarize themselves with their employer’s accommodation policy. It is recommended to make a request for accommodation in writing and to do so as soon as the employee is aware their disability is, or will impact their job. When requesting an accommodation, it is recommended the employee:
- Notify their employer they have a disability;
- Describe the specific work limitation;
- Explain how the work limitation results from their disability;
- Request a reasonable accommodation which would lessen the limitation; and
- Propose additional ideas for potential accommodations.
Interactive Process
Following a request for an accommodation, the employer is required to engage the employee in an interactive, cooperative discussion to identify a suitable accommodation. Both parties must put forth a good faith effort to identify an adequate accommodation.
Questions?
Contact the Commission
Phone: 603-271-2767
Email: humanrights@hrc.nh.gov
Job Accommodation Network (JAN) is a website that provides guidance and suggestions of workplace accommodations.