Reasonable workplace accommodation in Virginia refers to a workplace adjustment that is made to assist an individual with a proven medical need. Employers may be asked to accommodate certain needs related to physical or mental health disabilities or religious beliefs. These workplace accommodations must help the employee perform his/her job and must not be prohibitively expensive or unreasonably burdensome.
Illegal Discrimination
Discriminating against an employee with disabilities or religious beliefs is illegal for employers. Indeed, employers are required to make reasonable workplace accommodations for Virginia employees with religious customs or disabilities.
Reasonable Workplace Accommodations
What is considered a reasonable workplace accommodation? Reasonable accommodations allow employees to perform the essential duties of their job. These can include:
- Adjusting the workplace or working conditions to make it accessible for individuals with disabilities
- Modifying a work schedule to allow an employee time off for a religious observance
- Providing devices or equipment that allow an employee to perform the essential functions of a job
The goal of workplace accommodation in Virginia is to help an employee remain a productive and successful member of the workplace, despite their disability or religious beliefs.
Requests for Accommodation
Reasonable workplace accommodations must be requested by the employee unless a disability prevents the employee from making the request. Determining a reasonable accommodation typically involves a general assessment of job functions, a discussion with the employee, a review of medical records, the identification of possible accommodations and the impact of the proposed workplace accommodation on the office environment.
Furthermore, these accommodations can’t impose an undue burden on the employer. If an employee requests an accommodation that is prohibitively expensive or unreasonable, the employer may opt for alternative accommodation, so long as it helps the employee perform his/her job.
Accessing Employee Medical Records
If the disability is not an obvious one, the employer may need to gather medical information about the condition to assist the employee. Any release of medical information must be related to the disability. It is important to note that the employer is not entitled to full access to an employee’s medical records, only the information that is related to the employee’s ability to perform the job.
Attorney for Workplace Accommodation Rights in Virginia
If you have questions about workplace accommodations, please contact Cook, Craig & Francuzenko today. Our experienced attorneys are waiting to help you.
