Form of Accommodation Request

When an individual decides to request an accommodation, the individual or his/her representative must let the employer know that s/he needs 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 acommodation.”

An employee is not required yo use the words “reasonable accommodation” as long as what is communicated to the agency is a need for a workplace modification that is linked to a medical condition. See Hadley, chapter 14 , VIII (Processing Reasonable Accommodation Requests) B. Form of Accommodation Requests

 

Footnote – Disclosure Medical Information

[1] Under 29 C.F.R. § 1630.14(c), the requirement of nondisclosure applies to confidential medical information “obtained from any employee and is not limited to individuals with disabilities.” Myrah v. Secretary of Agriculture, EEOC Appeal No. 01A52157 at *3 (Apr. 26, 2006). Moreover, the EEOC has recognized “that the confidentiality obligation does not end when the person is no longer an applicant or employee.” Id. Further, if an “agency discloses medical information pertaining to [a] complainant in a manner that d[oes] not conform with this regulation, then its act of dissemination would constitute a violation of the Rehabilitation Act,” with “no requirement of a showing of harm beyond the violation.” Id. Disclosing that a former employee was offered and/or receiving a reasonable accommodation likely violates 29 C.F.R. § 1630.14, because it indicates that the former employee has a disability. See Dozbush v. Secretary of Transportation, EEOC Appeal No. 01983929 at *2 (Feb. 1, 2002) (legally permissible to disclose that employee was “medically disqualified,” as compared to impermissible scenario of “disclos[ing] that someone is receiving a reasonable accommodation”).