October is National Disability Employment Awareness Month and National Domestic Violence Awareness Month. Now is a good time for employers to remind their managers on recognizing a request for an accommodation, and knowing how to respond to such requests.

In Hawaii, there are four reasons a worker might be entitled to a reasonable accommodation:

1. Disability
2. Religion
3. Status as a victim of sexual or domestic violence
4. Pregnancy

Employers should note that these categories are protected by several different state and federal laws, so the framework for evaluating reasonable accommodations under each may vary by the respective laws and enforcing agencies. Below is general guidance to consider when an employee may need an accommodation.

First, a review of key terminology:

• Reasonable Accommodation: a modification or adjustment to a job, the work environment, or the way things are usually done in the workplace. These modifications are intended to enable an individual needing an accommodation to have an equal opportunity to be hired, successfully perform their job tasks, and enjoy other benefits of employment. Accommodations are not considered reasonable if they would impose an undue hardship on the employer.
• Undue Hardship: a significant difficulty or expense to the employer, in light of the resources, circumstances, and nature of the employer’s business. For example, a large, multi-national company has more resources than a local mom & pop shop. What constitutes an “undue hardship” will be vastly different for these two organizations.
• Interactive Process: the ongoing conversation between the employee and employer to explore potential accommodations to enable the employee to perform the essential functions of the job.
• Essential Functions: the fundamental job duties for which the position exists. For example, a receptionist greeting visitors and answering phone calls, or a project manager coordinating work.

How do I identify an employee’s request for an accommodation?

THERE ARE NO MAGIC WORDS! Sometimes an employee’s request for an accommodation is explicit, but sometimes it isn’t. An employee’s request for an accommodation does not need to include any of the above-mentioned terms. It can be as simple as “I can’t come in to work today. I’m having another migraine.” Since managers are often the main point of contact for employees, they should be trained to look out for statements by employees that indicate an association with one of the four categories above in connection with their job duties, the work environment, or other aspects of their employment.

Employers should also look to initiate the reasonable accommodation interactive process via the manager or HR representative without the employee asking if the employer (1) knows that the employee is covered by one of the four categories above, (2) knows, or has reason to know, that the employee is experiencing workplace problems because of the employee’s status in one of those categories, and (3) knows, or has reason to know, that the employee’s status in one of those categories prevents the employee from requesting a reasonable accommodation.

When do I have to provide a reasonable accommodation?

An employer’s obligation to provide a reasonable accommodation can begin as early as the application process and continues all the way through termination of employment. Employers should keep in mind that the purpose of providing a reasonable accommodation is to enable the worker to do the job. This means the focus should be on whether the employee’s need can be accommodated, not on proving their status in one of the four categories above or on what the employee is not able to do.

Do I have to give the employee whatever they want?

Employers are not necessarily obligated to provide the employee’s requested accommodation. The purpose of the interactive process is to identify an accommodation that will meet the employee’s needs (not necessarily wants) to enable them to perform their job. In some cases, it may be helpful to work with the employee and their medical provider to ensure proposed accommodations will address the employee’s needs.

Employers should also keep in mind that the interactive process doesn’t necessarily end at providing an accommodation. In many cases, it may be necessary to try a few options and evaluate their effectiveness. The key is that no decision should be made unilaterally, especially if the decision is to deny the request for accommodations!

Below are some examples of accommodations for each category. Keep in mind that these examples are for illustrative purposes, and may or may not be suited for your business operations.

Remember, everything is case-by-case!

Every request for accommodation should be evaluated on a case-by-case basis. What was a reasonable accommodation for one person may not work for another, even if their situations appear to be similar. Likewise, different needs for accommodations may involve different assessments as to what may be an undue hardship. Unfortunately for employers, there is no clear definition as to when an employer has done “enough” to try to accommodate an employee.

Employers should document everything throughout the interactive process. Documentation should begin with the employee’s request for an accommodation, and continue for the duration of the accommodation (or document the reason if no accommodation was provided).

Reasonable accommodations are very fact-specific and can require some creative and out-of-the-box solutions. HEC members may contact their HR Consultant to discuss specific situations. Employers may also want to consider consulting with legal counsel if they feel they are not able to accommodate an employee.