Key Takeaways
- Workplace accommodations are changes to a job, workplace, or process that let a qualified employee or applicant with a disability do the work. Employers with 15 or more employees must provide them under the Americans with Disabilities Act (ADA) unless doing so causes undue hardship.
- Since June 2023, the Pregnant Workers Fairness Act (PWFA) has required employers with 15 or more employees to accommodate known limitations related to pregnancy and childbirth. The EEOC is revising its rules under the law.
- Younger workers are far more likely to ask for accommodations. In one survey, 42% of Gen Z said they had requested one, compared with 13% of baby boomers.
- Accommodation is a two-way conversation. Employers may ask for reasonable documentation when a need isn’t obvious and may choose among effective options, but they must keep medical information confidential.
- Managers should treat any mention of a health-related need as a possible request, respond without judgment, and bring in HR promptly.
- Nonprofits can reduce hesitation by explaining the request process in handbooks and meetings, training managers, and making clear that retaliation won’t be tolerated.
Workplace accommodations have changed a lot in the last few years, as growing awareness of mental health issues, disabilities, and other circumstances has reduced the stigma around accommodation requests. More employees view accommodations as essential for a successful workplace, more workers are willing to speak up about their specific needs, and more organizations are finding value in accommodations that go beyond baseline legal compliance. Despite this, many employees still hesitate to ask for accommodations, which speaks to some persistent obstacles to awareness and acceptance.
Nonprofits and mission-driven organizations face their own version of this challenge. Many are deeply committed to inclusion, but smaller organizations often have fewer resources than large employers, which can make certain accommodations harder to provide.
Organizations that work toward accommodations and inclusivity don’t just focus on the rules. They also build awareness of options and reduce the stigma around asking. These efforts can be a boon to mission-driven organizations, as they can lead to greater sustainability, team investment, and commitment.
Here’s what’s changed over the last few years, and some approaches and challenges to consider:
What are accommodations?
A reasonable accommodation is a change to a job, the work environment, or the way things are usually done that allows a qualified person with a disability to apply for a job, perform its essential functions, or have equal access to the workplace. The main federal law is the Americans with Disabilities Act (ADA), which defines what counts as “reasonable” and lets employers decline accommodations that would cause undue hardship, a standard that weighs an organization’s size and resources. Common examples include reserved parking, an accessible work area for someone with limited mobility, and schedule flexibility.
Other laws extend accommodation duties beyond disability. Since June 2023, the Pregnant Workers Fairness Act (PWFA) has required employers to accommodate known limitations related to pregnancy, childbirth, and related medical conditions. Title VII of the Civil Rights Act also requires employers to accommodate employees’ religious practices. The ADA and the PWFA apply to employers with 15 or more employees, and many state laws reach smaller employers, so even small nonprofits should know their obligations.
What’s changed in recent years?
Broader awareness of mental health issues, neurodiversity, and mental disabilities has moved accommodations beyond physical limitations. This shift appears to be generational: in one survey, 42% of Gen Z respondents said they had asked for accommodations, compared with 13% of baby boomers. Reduced stigma has made people more comfortable making a request, although many still hesitate out of fear of judgment or reprisal from managers. (Retaliating against an employee for requesting an accommodation is illegal.)
Another change is a deeper understanding of mental health conditions, along with better diagnosis. Mental health is now widely treated as a legitimate workplace issue, and organizations have become more invested in understanding how these struggles affect work and workers.
The legal landscape has shifted too. The PWFA created a specific duty to accommodate pregnancy-related limitations, and the EEOC has announced plans to revise its rules under the law. In 2023, the Supreme Court’s decision in Groff v. DeJoy made it harder for employers to deny religious accommodations, requiring them to show substantial costs rather than a minor burden.
Another critical shift is the growth of hybrid and fully remote jobs, which has changed how many people think about “reasonable accommodations.” Remote work isn’t possible for every role, but it has become a frequent request, as cloud-based tools make many tasks possible from home. Whether it’s reasonable depends on the job, since employers aren’t required to eliminate a role’s essential functions.
How to approach accommodations
In addition to compliance and legal considerations, organizations can benefit from an effort to spread awareness of rights and expectations around accommodations. Here are some of the steps nonprofit organizations can take:
- Make sure team members are aware of their right to ask: This can mean discussing these rights in all-hands meetings and documenting them in the employee handbook. The goal is to ensure that people are not just aware but feel no stigma or reservations about requesting a reasonable accommodation.
- Ensure managers know the process: Even well-intentioned managers can make critical mistakes, such as making determinations on their own or disclosing information they shouldn’t. Managers should treat any mention of a health-related need as a possible request, keep the conversation non-judgmental and confidential, and bring in HR as soon as possible.
- Encourage empathy and a non-judgmental culture: Insensitivity can come from misunderstanding or ignorance, not just malice or frustration. People often have different understandings of severity and different cultural and personal relationships to mental health, which creates the potential for disagreement. Organizations can encourage people to approach these topics with an open mind, rather than a preconceived idea of what should be considered serious or limiting.
- Come prepared: The growing number of accommodation requests means organizations in all industries have found new and effective ways to support their staff. You can draw from this growing toolkit to brainstorm ways to support your team. This could be as simple as investing in remote work tools and training, or offering benefits beyond what the law requires, such as caregiver or menopause.
How not to approach accommodations
Because these requests have become more frequent and more complex, it can sometimes be difficult for organizations and managers to understand their obligations when receiving one. Here are some common mistakes to avoid:
- Asking for more than you need: When a disability or the need for an accommodation isn’t obvious, employers may request reasonable documentation. But questions should stay focused on the limitation and the accommodation needed, not the person’s full medical history. These questions belong with HR rather than the employee’s manager, and the answers must be kept confidential.
- Treating the request as a negotiation to win: Employers can decide what’s reasonable and may choose among effective options, including a less expensive one. But the employee’s preference deserves serious consideration, and the decision should come out of a real conversation. A manager who decides alone, or bargains to give as little as possible, can damage trust and create legal risk.
- Waiting too long: Delays can turn a manageable request into a complaint. Respond promptly and keep the employee informed as the process moves forward.
Accommodations work best as an ongoing conversation rather than a one-time compliance task. Nonprofits that explain the process clearly, train managers to respond well, and handle requests promptly and fairly build the kind of trust that keeps good people on the team and focused on the mission.
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The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources.
