Requesting Reasonable Accommodation - What EEOC Doesn't Say

In the beginning of my employment discrimination claim at NASA, I ran into some big traps with EEOC guidance for requesting reasonable accommodation (RA) under the Americans with Disabilities Act. Here are my tips for writing a request for RA that your employer will recognize & respond to. Or barring that, how to prove to EEOC that you DID make the request. TRAPS AND “T” - How to REQUEST REASONABLE ACCOMMODATIONS I am normally a big fan of EEOC enforcement guidance and here it is for today’s subject: https://www.eeoc.gov/laws/guidance/en... I found some significant discrepancies in what EEOC SAYS & what they actually DID to determine when I submitted a valid request for RA. These discrepancies are the 2 EEOC “lies” I present in this video. LIE #1: When you request accommodation, you just have to let your employer know that you need an adjustment or change at work for a reason related to a medical condition. To request accommodation, an individual may use "plain English" and need not mention the ADA or use the phrase "reasonable accommodation."No matter how much EEOC says there are no “magic words” that an employee MUST use in their RA request, in actual practice… there are definitely magic words! If you want your employer & EEOC to recognize your request, I suggest you use them from the very first time you discuss RA with your employer. Is there a chance EEOC & your employer will recognize your request in “plain English?” Sure… but using the magic words improve your changes & CYA when/if you have to file an EEOC claim. For assistance with using the Magic Words, try this RA Template for Private Sector here: https://www.nolo.com/legal-encycloped... Federal employees should replace “Americans with Disabilities Act” with “Rehabilitation Act of 1973,” the law that covers disability discrimination in the federal sector. LIE #2: Your doctor should suggest appropriate reasonable accommodations. EEOC suggests this, but I found it to be problematic. Unless your doctor can exhaustively list all accommodations that may be effective for you, having them raise the subject could be more confusing than helpful. My doctor mentioned ONE possible accommodation because it was a big medical concern, but when my doctor didn’t include ALL the accommodations I might need, NASA used that one suggestion to justify not entering an interactive dialogue with me. If I did it over today, I’d ask my doctor to describe my diagnosis, medical needs and occupational limitations. I’d provide my employer with a list of suggestions from Job Accommodation Network (JAN) instead. Just attach a list to your request for RA. Look up possible accommodations here: https://askjan.org/publications/indiv... By the time you’re requesting RA, you are probably already having some trouble at work. Most disabled individuals try to manage their limitations on their own at first. I was reluctant to discuss my occupational troubles with my doctor. I was a little ashamed to admit I was having a hard time at work. If your doctor knows the nitty gritty about what you’re dealing with, they’ll be a much better advocate for you. Don’t be shy about discussing medical issues with your boss to the extent that it’s required to assess how effective your accommodations might be. Want to see how employers commonly screw up requests for RA? https://www.hrdive.com/news/7-ways-to... ---- All opinions are my own. Not LEGAL advice. Just me sharing my perspective as an employee who went through the EEOC claims process & won. I am not an expert at all things EEOC. While I do my best to be factual in my observations, viewers should assume that all observations or statements are ALLEGEDLY. *Never trust your fate to a YouTube content creator. Do your own research, pilot your own vessel. * --- Background photo on thumb courtesy of searchable NASA Image Library: https://images.nasa.gov/ More on how to Request RA: https://www.equipforequality.org/requ... A good intro to ADA if you’re just starting out: https://www.hrdive.com/news/back-to-b... -- All opinions are my own. Not intended as LEGAL advice. It's me sharing my perspective as an employee who went through the EEOC claims process & won. I’m not paid to do this, just want to help others if I can. While I do my best to be factual in my observations, viewers should assume that all observations or statements are allegedly. Never put trust your fate to a YouTube content creator. Do your own research, pilot your own vessel. -- Background photo on thumb courtesy of searchable NASA Image Library: https://images.nasa.gov/