(Last Updated On: February 5, 2025)
As an employer in Boston or Natick, what are your responsibilities under Massachusetts state and federal law concerning disability accommodations? In other words, do you have to provide a disability accommodation to any job applicant or employee who requests one? Can you determine an accommodation that suits your business and attends to the needs of a job applicant or employee, or are you required to provide the specific accommodation requested by the job applicant or employee? These questions, as well as many others, are extremely important for employers in Massachusetts to think about and discuss with an employment lawyer.
The following is a general guide for employers to disability accommodations in the workplace.
What is a Disability Accommodation?
A disability accommodation is a modification to the job application process or to employment that ensures the job applicant or employee has equal opportunities to other job applicants or employees who do not have a disability. In other words, a disability accommodation is some type of modification that puts a job applicant or employee with a disability on equal footing with all other job applicants or employees.
It is important to be clear that a disability accommodation is not something that provides a disabled job applicant or employee with more opportunities than existing employees. Rather, it makes them equal to other job applicants or employees.
Who Must Be Provided with a Reasonable Accommodation?
A job applicant or employee who is a qualified individual with a disability as it is defined by Massachusetts law or by the federal Americans with Disabilities Act (ADA) must be provided with a reasonable accommodation if the job applicant or employee requests a reasonable accommodation. To be clear, the applicant or employee must request the accommodation from you. It does not have to be in writing (it may be an oral request), but it is a good idea to ask any job applicant or employee to make the request in writing.
What Counts as a Disability?
A person is generally considered to be disabled if one of the following is true:
- They have a mental or physical impairment that limits one or more major life activities;
- They have a history of a mental or physical impairment that limits one or more major life activities; or
- They are perceived as having a mental or physical impairment that limits one or more major life activities.
A qualified individual with a disability is understood to mean a job applicant or employee who has a disability (i.e., one of the definitions listed above) and who satisfies the general skill, experience, education, and any other requirements for the job, and can perform the essential functions of the job without an accommodation.
Can I Ask Questions About Disabilities?
It depends. Employers can ask if a job applicant or employee can perform essential job-related functions, but it is unlawful to ask if a job applicant or employee has a disability. It is also unlawful to require applicants or employees to take tests designed to screen for disabilities. Once a job applicant or employee requests a reasonable accommodation, you may be able to ask questions designed to enable you to provide reasonable accommodation, but you cannot ask about the extent of the disability. An attorney can ensure you remain in compliance with state and federal law.
Can I Request Documentation of the Disability?
You may be able to request medical documentation of the disability from the job applicant or employee, and the employee may need to provide you with that documentation for you to provide reasonable accommodation.
Can I Choose the Accommodation?
When a job applicant or employee meets the requirements for a reasonable accommodation, you must provide an accommodation that gives the applicant or employee an equal ability to apply for the job or to test for it, to perform ongoing essential job functions, and to receive all of the benefits and privileges that are available to other applicants or employees.
This means that you do not need to provide the specific accommodation an applicant or employee requests as long as the accommodation you provide meets the above requirements.
When Can I Lawfully Deny a Request for a Disability Accommodation?
You can only deny a request for reasonable accommodation from a disabled applicant or employee if it would impose an undue hardship on you. In general, an undue hardship is understood to mean that a reasonable accommodation would result in “significant difficulty or expense” to you.
Contact Our Boston and Natick Disability Discrimination Attorneys for Assistance
If you have any questions about your obligations concerning disability accommodations in the workplace, it is essential to seek legal advice. Failure to provide a reasonable accommodation when requested could result in a claim, which may ultimately result in significant penalties. You can avoid a disability discrimination claim by ensuring that you remain in compliance with Massachusetts state and federal law concerning disability accommodation requirements in the workplace.
One of the experienced Boston and Natick employment law attorneys at our firm can begin working with your business today. Contact Rodman Employment Law for more information about how we assist employers with disability accommodation cases, from handling requests to defending against discrimination claims.
