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

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

## 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 with the disposition, they may appeal to [HR lead / next-level escalation] within [10 business days]. The appeal will be reviewed within [10 business days] with a written response.

### 12. Signatures

HR: __________________________ Date: __________
Employee acknowledgment: ___________________ Date: __________
(Acknowledgment of receipt; not agreement)

Response letters (templates)

Grant - as requested

Dear [Employee],

Thank you for your accommodation request received on [Date]. After our discussion
on [date(s)] and review of supporting documentation, we are granting the requested
accommodation: [describe specifically], effective [Date].

[Implementation steps and any review date.]

This accommodation is confidential. Please contact [HR] with any questions or if
your needs change. Retaliation for requesting this accommodation is prohibited.

[HR Lead]

Grant - alternative accommodation

Dear [Employee],

Thank you for your accommodation request received on [Date]. After engaging in the
interactive process, we determined that the specific accommodation you requested
[brief reason - does not enable performance of essential function X / would impose
undue hardship as documented]. We are providing this alternative accommodation:
[describe specifically], effective [Date].

[Implementation, review date, who to contact.]

If this alternative does not meet your needs, please let us know within [X
business days] and we will continue the interactive process.

[HR Lead]

Denial - with documented undue hardship

Dear [Employee],

Thank you for your accommodation request received on [Date]. After engaging in the
interactive process and considering the alternatives below, we are unable to
provide the requested accommodation because it would [substantially impair an
essential function of the role / impose undue hardship].

Specifically: [detailed undue-hardship analysis from documentation above].

Alternatives we considered:
- [Alternative 1] - [why not feasible]
- [Alternative 2] - [why not feasible]

If you have additional information that may change this analysis, please share it
within [X business days] and we will reconsider.

You may appeal this decision to [next-level HR / counsel] within [10 business
days] of this letter. Retaliation for requesting accommodation is prohibited.

[HR Lead]

Common pitfalls (do NOT do these)

• Failing to document the interactive process - failure to document = failure to engage = automatic loss
• Asking for specific diagnosis or full medical records - ADA confidentiality limits scope
• Treating co-worker preference as undue hardship - it isn't
• Treating the employee's preferred accommodation as the only option - alternatives are part of the dialogue
• Discussing the request in front of co-workers - confidentiality required
• Considering accommodation in performance review - separate processes
• Pre-Groff "de minimis" for religious accommodation - overruled in 2023; standard is now "substantial increased costs"
• PWFA: requiring leave when another accommodation works - PWFA explicitly prohibits this

Output Path

Save the documentation using build_report_path("business-hr", instruction) when writing to file.

Output footer (REQUIRED on every generated record/letter)

End every record with this block, verbatim:

---
**DRAFT - REVIEW REQUIRED**

This accommodation record was generated as a starting template. It is not
employment-law advice. The interactive process is fact-specific and statute-driven.
Before finalizing:

1. Confirm interactive process documented contemporaneously - every step.
2. Confirm medical documentation request was scope-limited (no diagnosis, no full records).
3. Confirm essential functions referenced match current job description.
4. Confirm undue-hardship analysis is specific (not "we just can't") and uses
   post-Groff standard for religious accommodations.
5. If denial: have HR counsel review before delivery.
6. Verify confidential storage separate from personnel file.

Generated by Wayland business-hr plugin. Templates only - not employment-law advice.

Templates only - not employment-law advice. Have HR counsel review denials and complex grants before delivery.