Disability Accommodations in the Workplace
Under federal and state law, employers with 15 or more employees are required to provide reasonable accommodations to employees with physical and/or mental disabilities.
An accommodation may include a change to the workplace, the job, the way the job is done, or the application or hiring process.
An employer is not required to grant the exact accommodation the individual prefers, so long as it provides one that effectively accommodates the disability.
Examples:
- Hiring a sign language interpreter to interpret for an applicant during the job interview
- Granting regularly scheduled breaks during the workday for an employee with diabetes to eat properly and monitor blood sugar and insulin levels
- Allowing an employee’s service animal into the workplace
- Allowing an employee with anxiety to change their hours to work evenings and weekends when the office is quieter
Religious Accommodations in the Workplace
An employer is required to reasonably accommodate the religious belief or practice of an employee or prospective employee, unless doing so would impose an undue hardship.
Holy days
Religious holy days, such as the Sabbath, may require an employer to make an accommodation. A government employee who observes a religious holiday on days which do not fall on a Sunday or a legal holiday are entitled to days off from employment to observe the holiday, according to Minnesota Statute 15A.22. However, the time off must be taken without pay unless the employee uses annual leave or unless the employee is able to work an equivalent number of days at some other time during the fiscal year.
Time off for prayer breaks
An employer has a duty to accommodate an employee's need for prayer breaks, unless it would cause an undue hardship. The employer and employee may agree to alter work and/or break schedules to accommodate the prayer break or other religious practice.
Dress codes
Employers may need to permit exceptions to dress codes and grooming standards if a person’s religion mandates a certain style of dress or physical appearance. An employer may be excused from granting these exceptions if business reasons, such a safety concerns, render the request for exceptions an undue hardship.
Reminders During the Process
Below are considerations to keep in mind before, during, and after requesting a reasonable accommodation.
Request an accommodation
An employee should start the process by working with their employer to request a reasonable accommodation.
Communication is key
When requesting, the employee should describe the nature of the accommodation requested and how it will help them perform essential job functions. The employer can provide an overview of the process so the employee understands what the next steps are. Open dialogue throughout the process is helpful.
Documentation could be required
If the need for a disability-related accommodation is not obvious, the employee may be required to provide documentation from a medical provider confirming the disability and the need for an accommodation.
Undue hardships
An employer does not have to provide a reasonable if it imposes an undue hardship. In determining whether an accommodation would impose an undue hardship on the operation of a business, factors to be considered include: the overall size of the business; the type of the operation, including the composition and structure of the work force, and the number of employees; the nature and cost of the accommodation; the ability to pay for the accommodation; and efforts to explore less restrictive or less expensive alternatives, including consultation with the disabled person or with knowledgeable disabled persons or organizations.
Keep documentation
All parties involved should document information about the reasonable accommodation process to maintain an accurate record.
Reasonable Accommodations During COVID-19
The Work From Home order expires on April 15, 2021.
Before April 15, employees who can work from home must work from home.
Beginning April 15, employers may request that employees return to their workplaces. However, employers are strongly encouraged to allow employees who are able to work from home to continue to work from home.
If an employee has a disability that affects their risk for contracting COVID-19 or being harmed if they do contract the virus (such as diabetes, a compromised immune system, or pregnancy), they have the right to request a reasonable accommodation from their employer.
When requesting a reasonable accommodation, an employee should describe the nature of the accommodation requested and how it will assist them in performing the essential functions of their job.
A reasonable accommodation could include shifting working hours, moving workstations, or working from home.
If you need assistance or have been denied a reasonable accommodation by your employer, please contact the Minnesota Department of Human Rights Discrimination Helpline at 1-833-454-0148.
If you have any concerns about an unsafe workplace (whether related to COVID-19 or not), please contact Minnesota OSHA at 651-284-5050 or email OSHA.Compliance@state.mn.us.
For more information about other worker protections during COVID-19, please visit our COVID-19 and Civil Rights page here.
