Aug 14 2024
Josh Goodbaum: Hi, Amanda.
Amanda DeMatteis: Hey, Josh. What are we going to talk about today?
Goodbaum: Well, I want to talk about reasonable accommodations for disabilities, and in particular, I want to ask about when you should ask for a reasonable accommodation.
So, some folks when they’re applying for a new job know they’re going to need a reasonable accommodation; that might be an ergonomic keyboard, it might be a private office, it might be the desire to work from home some or all of the time.
And folks are wondering: if I’m applying for a job, should I tell them in the application process that I need a reasonable accommodation? Or should I wait until I get that job offer and then have a discussion about reasonable accommodations? What do you recommend?
DeMatteis: Great question. From a legal standpoint, it doesn’t matter. You’re protected either way. If you ask for a reasonable accommodation in the interview and hiring process, that is protected under both Connecticut state law and federal law. Or if you ask for this reasonable accommodation while you are employed, that too is protected under both laws. So, you are protected, no matter what you do.
Practically speaking, you might be better off to wait until you get the job. It is much harder to prove a failure-to-hire case – meaning, “Hey, employer, you didn’t hire me because I requested a reasonable accommodation.” That’s a more difficult case to prove than “Hey, employer, you retaliated against me or you terminated me as a result of my request for a reasonable accommodation.”
So, from a practical standpoint, you might just simply be better off getting this job and then, immediately after getting your offer letter, coming forward and saying, “Great, thank you. I’m so excited for this opportunity, but I need that ergonomic chair or I need a screen for an eye condition that I have,” or whatever it may be.
Remember, any time you are making a reasonable accommodation request, do that in writing. And make sure that you talk with your medical provider who treats you for whatever condition you need this reasonable accommodation for so that you have support – medical support – which you will ultimately end up needing when you go to your employer and say, “Hey, I need this thing to be able to perform the essential functions of my position.”
I hope that’s helpful. Although it’s not a crystal clear answer, it does give you both the legal support to know that you’re protected either way and just a practical solution of maybe wait till you get the job first.
Goodbaum: Great advice, Amanda. Thank you all for watching, and we’ll see you next time.
Posted by Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. in Commentary
Tagged Amanda DeMatteis, Joshua Goodbaum
