Disability Accommodation Notice

Notify employees of their right to request reasonable accommodations under the ADA, and engage in a good-faith interactive process whenever a request is made.

See the Step-by-Step ProcessView Templates & Resources
What Notify employees of their right to request reasonable accommodations for disabilities, and engage in a good-faith interactive process to evaluate and respond to those requests.
Who Employers with 15 or more employees. Smaller employers are exempt from the ADA, though some state laws apply to smaller employers; see Special Cases below.
When At hire and on an ongoing basis; the obligation to consider and respond to accommodation requests arises whenever a request is made, at any point in employment.
Risk ADA violations can result in back pay, front pay, reinstatement, and attorney fees (uncapped), plus compensatory and punitive damages capped by employer size: $50,000 (15 to 100 employees), $100,000 (101 to 200), $200,000 (201 to 500), $300,000 (500+). Failure to have a notice or documented process can strengthen an employee's claim of broader noncompliance.
Trigger Timing Notes
New hire onboarding At hire Provide accommodation policy in writing; include in handbook and onboarding packet.
Accommodation request received Promptly; no fixed statutory window, but unreasonable delay is itself a violation Initiate the interactive process as soon as you become aware of a request or a potential need, even if the employee hasn't used formal language.
Policy review Annually Review accommodation policy and manager training for accuracy and consistency with current EEOC guidance.
Trigger: New hire onboarding
Timing: At hire
Notes: Provide accommodation policy in writing; include in handbook.
Trigger: Accommodation request received
Timing: Promptly; unreasonable delay is itself a violation
Notes: Start the interactive process even without formal language.
Trigger: Policy review
Timing: Annually
Notes: Keep policy and manager training current with EEOC guidance.
  • Written accommodation policy: Handbook language or a standalone policy explaining how employees request accommodations, who handles them, and what the process looks like. See the Templates & Resources section below for a JAN model process.
  • Accommodation request process: A defined intake method (a form, an HR contact, or both) so employees know exactly how to submit a request and what happens next.
  • Medical documentation guidelines: A written standard for when and what medical information you may request in connection with an accommodation request. You may only ask for information related to the functional limitations relevant to the request.
  • Request and response log: A system for tracking each accommodation request, the interactive process steps taken, the outcome, and the reasoning, kept separate from the employee's general personnel file.
  • Manager training materials: Written guidance for supervisors on recognizing a request (employees don't have to use the word "accommodation"), maintaining confidentiality, and escalating to HR.
1
Write or adopt a policyDraft a clear accommodation policy for your employee handbook. The JAN Workplace Accommodation Toolkit includes a sample process you can adapt; see the Templates & Resources section below.
2
Post the EEOC "Know Your Rights" posterThis required EEOC poster covers ADA disability discrimination (among other laws) and must be displayed at every worksite. Download it free from the EEOC; see the Templates & Resources section below.
3
Distribute at hireInclude your accommodation policy in onboarding materials and get a signed acknowledgment.
4
Train managersSupervisors must know how to recognize a request (even informal ones), keep it confidential, and route it to HR promptly. A manager who discourages or dismisses a request creates liability.
5
Engage the interactive processWhen a request comes in, start a documented conversation with the employee. Identify the limitation, explore what accommodations might work, consider undue hardship if relevant, and communicate the decision in writing.
6
Document everythingKeep a record of every request, every step in the process, and every decision with its rationale, in a confidential file separate from the employee's main personnel record.
7
Review annuallyCheck that your policy reflects current EEOC guidance, that manager training is up to date, and that your process is being followed consistently.
  • EEOC poster: The "Know Your Rights: Workplace Discrimination is Illegal" poster must be displayed in a conspicuous place at every worksite. It covers ADA disability rights along with other federal anti-discrimination protections. Electronic posting is acceptable for remote employees who don't report to a physical location.
  • Written policy at hire: Include your accommodation policy in the employee handbook or a standalone new-hire document. A signed acknowledgment is best practice.
  • Accessibility of the policy itself: Make your accommodation policy available in accessible formats (electronic, large print, or other formats) for employees who need them. This is especially relevant given the subject matter.
  • Confidentiality: Medical information related to accommodation requests must be kept in a separate, confidential file. Managers may be told only what restrictions apply and what accommodations are in place, not the employee's diagnosis or medical details.
  • Current policyCopy of current accommodation policy and handbook language.
  • AcknowledgmentsSigned new-hire acknowledgments confirming receipt of the policy.
  • Per-request fileFor each accommodation request: the request itself, any medical documentation provided, notes from the interactive process discussion, the accommodation offered or denied, and the written explanation of the decision.
  • Alternatives consideredRecords of any alternative accommodations considered and why they were or weren't implemented.
  • Training recordsManager training records: dates, content covered, and attendees.
  • RetentionEEOC regulations require personnel records to be kept for at least 1 year from the date of the personnel action (29 CFR §1602.14). If a charge of discrimination is filed, all relevant records must be preserved until final disposition of the charge or any resulting litigation. As a practical matter, keep accommodation files for the duration of employment plus at least 3 years.

Common traps

Not recognizing an informal request: Employees don't have to say "reasonable accommodation" or mention the ADA. If an employee says "I have a bad back and can't stand for long shifts," that's a request. Managers who don't recognize this and fail to escalate it create liability.
Assuming small adjustments don't count: Schedule changes, remote work, modified break schedules, and equipment adjustments can all be reasonable accommodations. The category is broad.
Skipping the interactive process: You can't simply grant or deny a request without documented dialogue. Even when you grant an accommodation, document the process; you may need to revisit it later.
Failing to keep medical records separate: ADA medical information must be in a separate confidential file, not the general personnel file. Commingling them is itself a violation.

FAQs

What exactly is a "reasonable accommodation"?
Any change to the job, work environment, or how work is done that allows a qualified individual with a disability to perform the essential functions of the role, as long as it doesn't create an undue hardship for the employer. Common examples include modified schedules, remote work, assistive technology, reassignment to a vacant position, or physical workspace changes.

What is "undue hardship"?
An accommodation that would require significant difficulty or expense given the employer's size, financial resources, and the nature of the business. It's not a low bar: courts look at the specific facts, and the larger the employer, the harder it is to establish undue hardship. If you believe an accommodation creates undue hardship, document your analysis carefully before denying the request.

Can we require a doctor's note before granting an accommodation?
You may request medical documentation when the disability or functional limitation isn't obvious, but you may only ask for information relevant to the limitation at issue. You cannot require a full medical history or diagnosis. Many employers use a targeted functional capacity form rather than a blank authorization for medical records.

  • Smaller employers: The ADA's 15-employee threshold doesn't mean smaller employers have no obligations. California (FEHA, 5+ employees), New York, New Jersey, Illinois, and many other states have their own disability discrimination and accommodation laws that apply at lower thresholds, sometimes to all employers.
  • Broader definition of disability: Some state laws define disability more broadly than the ADA. The ADA Amendments Act of 2008 already expanded the federal definition significantly, but state laws like California's FEHA go further still.
  • Pregnancy and related conditions: The Pregnant Workers Fairness Act (PWFA), effective June 2023, created a separate federal reasonable accommodation obligation for pregnant employees that applies to employers with 15+ employees, similar in structure to the ADA interactive process but distinct from it.
  • Public employers and Section 504: Federal agencies and entities receiving federal financial assistance are also subject to Section 504 of the Rehabilitation Act, which has similar accommodation requirements and no employee-count threshold.

The EEOC and the Job Accommodation Network (JAN) provide free tools that cover both the required posting and a ready-to-use accommodation process. Using JAN's toolkit as a starting point saves you from drafting your policy from scratch.

Required Posting

Accommodation Process Templates (JAN)

Reference Guidance