hr-accommodation-request

> **Templates only - not employment-law advice.** Failure to engage in the interactive process is itself an ADA violation. Have HR counsel review denials and complex grants.

# HR - Accommodation Request (Interactive Process)

Document the legally-required interactive process for medical (ADA), pregnancy (PWFA), or religious (Title VII / *Groff v. DeJoy*) accommodation requests.

## Pre-flight (REQUIRED)

1. **Type of accommodation requested**: medical (ADA) / pregnancy or related (PWFA) / religious (Title VII)
2. **Employee name, role, manager, state of employment, country**
3. **Total headcount** - Title VII / ADA / PWFA all apply at 15+ EE; many states have lower thresholds (CA FEHA 5+, NJ 1+, NY 4+ for state law)
4. **Specific accommodation requested** by employee
5. **Essential functions** of the role (from job description) - drives whether accommodation is feasible
6. **Documentation of disability/condition** - for ADA, employer may request medical certification limited to confirming the disability and need for accommodation; CANNOT request specific diagnosis or full medical records

## Statute snapshot

| Statute | Coverage | Trigger | Standard |
|---------|----------|---------|----------|
| **ADA (1990)** + state | 15+ EE federal; lower in many states | Qualified individual with disability requests accommodation | "Reasonable accommodation" unless "undue hardship" (significant difficulty or expense) |
| **PWFA (June 2023)** | 15+ EE | Pregnancy, childbirth, related medical conditions | Reasonable accommodation; cannot require leave if other accommodation works |
| **Title VII religious** + state | 15+ EE | Sincerely held religious belief | Post-*Groff v. DeJoy* (2023): "substantial increased costs in relation to the conduct of the business" - replaces old "de minimis" |
| **State equivalents** | Varies (CA FEHA, NY HRL, IL HRA, NJ LAD, MA c. 151B, etc.) | Often lower headcount thresholds and broader definitions |

## The interactive process - required steps

1. **Receive the request** (no magic words required - "I'm having trouble [doing X] because of [Y]" is enough)
2. **Acknowledge in writing** within 1-2 business days
3. **Discuss limitations and essential functions** - what can/can't the employee do? Which essential functions are at issue?
4. **Identify possible accommodations** - together with the employee; consider EEOC's Job Accommodation Network (askjan.org)
5. **Request supporting documentation** if needed (limited scope - confirms disability and need; not full records)
6. **Evaluate undue hardship** - significant difficulty or expense, considering employer resources
7. **Implement accommodation** OR **propose alternative** OR **deny with documented analysis**
8. **Document each step** contemporaneously - failure to document is failure to engage

## Output - Interactive-Process Documentation

```markdown
## Accommodation Request - Interactive Process Record
**Employee:** [Name] | **Role:** [Title] | **State:** [State] | **Date Request Received:** [Date]
**Type:** [ADA medical / PWFA pregnancy / Title VII religious]
**HR Owner:** [Name]

### 1. Initial Request
- Date received: [Date]
- How received: [verbal in 1:1 / email / formal HR submission]
- Verbatim or summary: "[Employee's request as stated]"

### 2. Acknowledgment
- Acknowledgment letter sent: [Date - within 1-2 business days]

### 3. Essential Functions Review
Pull from current job description:
- [Essential function 1]
- [Essential function 2]
- [Essential function 3]

Affected by limitation: [which essential functions are impacted by the disability/condition/belief]

### 4. Limitations / Need for Accommodation
- Employee's stated limitation: [As described - DO NOT speculate about diagnosis]
- Documentation requested: [If ADA - limited scope: confirm disability + need + functional limitations + duration. NEVER request full medical records or specific diagnosis.]
- Documentation received: [Date, source - provider name not employee diagnosis]

### 5. Possible Accommodations (Generated Together)

| Option | Description | Cost / Difficulty | Effect on essential functions | Source |
|--------|-------------|-------------------|-------------------------------|--------|
| [Employee-proposed] | [Description] | [Estimate] | [Effect] | Employee |
| [Alternative 1] | [Description] | [Estimate] | [Effect] | HR / askjan.org |
| [Alternative 2] | [Description] | [Estimate] | [Effect] | Manager |

### 6. Undue-Hardship Analysis (if denial considered)

| Factor | Assessment |
|--------|-----------|
| Cost | [$X - net of tax credits, vendor accommodations] |
| Resources of employer | [Headcount, budget, ability to absorb] |
| Type of operation | [Nature of work, structure] |
| Impact on operations | [Specific operational disruption] |
| Impact on co-workers | [Note: co-worker preference is NOT undue hardship] |
| Alternatives considered | [List] |
| Pre-Groff vs post-Groff (religious only) | [Substantial increased costs - not de minimis] |

**Undue hardship conclusion**: [Yes / No - with specific reasoning]

### 7. Decision

- [ ] **Grant** as requested
- [ ] **Grant** alternative accommodation: [describe]
- [ ] **Deny** with the following undue-hardship justification: [detailed reasoning]
- [ ] **Continue dialogue** - additional information needed

### 8. Implementation Plan

- Effective date: [Date]
- Steps required: [Equipment, schedule change, role modification, leave]
- Owner: [Manager / HR / IT]
- Review date: [Re-evaluate in 30/60/90 days]

### 9. Confidentiality

Medical information and specifics of this request are kept confidential per ADA 29 CFR §1630.14(c) and stored separately from the personnel file. Disclosure is limited to those with a need to know (manager, HR, accommodation provider).

### 10. Anti-retaliation

This request and its disposition do not affect performance evaluation, compensation, or advancement. Retaliation for requesting accommodation is prohibited.

### 11. Appeal

If the employee disagrees wit