Accommodation Requests Research Articles

Title VII and Religious Accommodations in the Workplace After Groff v. Dejoy (2023)

The United States Supreme Court in Groff v. DeJoy rejected a 50-year precedent regarding the application of Title VII of the United States Civil Rights to requests by private and public employees for Title VII workplace religious accommodations. The article evaluates the impact of 73 U.S. District Court and U.S. Court of Appeals decisions decided after Groff to determine whether Groff has had an impact on how lower federal courts have evaluated requests for Title VII workplace religious accommodations. The article also evaluates the role of U.S. District Courts as gatekeepers for Title VII workplace religious accommodation lawsuits. Finally, the article discusses the impact of Groff on the most common types of workplace religious accommodation requests. The article argues that employers will have greater difficulty persuading U.S. District Court to grant motions to dismiss or motions for summary judgment to end Title religious accommodation lawsuits.

The Impact of Long COVID on Employment and Well-Being: A Qualitative Study of Patient Perspectives.

Exploring the experiences of Long COVID patients who face challenges with employment may inform improvements in how healthcare systems can provide holistic care for this patient population. Understand perspectives about the impact of Long COVID on employment and well-being among patients seeking healthcare for Long COVID. Qualitative study involving one-on-one interviews. Eligible participants were 18years of age or older, spoke English, self-reported as doing well in daily life before having COVID-19, and reported that COVID-19 was still having a significant impact on their life three or more months following an acute infection. Participants were recruited from a post-COVID recovery clinic at an academic medical center. Interviews were conducted from August to September 2022. Among all participants (N = 21), most described that they were not able to work at a capacity equivalent to their norm pre-COVID-19. For those who continued working after their COVID-19 infection, the effort and energy required for work left little capacity to participate in other life activities and made it difficult to attend recommended healthcare appointments. Participants reported financial impacts of changes in employment including loss of income and changes in insurance, which were compounded by high healthcare costs. Changes in employment resulted in emotional repercussions including feelings of loss of self-identity and fear of judgement at work. Participants discussed issues surrounding access to strategies to address challenges posed by the impact of Long COVID on employment, including strategies learned from healthcare providers to cope with Long COVID symptoms at work and efforts to seek disability benefits or workplace accommodations. Patients with Long COVID may face significant challenges due to changes in their ability to work. Healthcare providers can support these patients by connecting them to financial assistance resources, facilitating appropriate mental health treatment, and expediting workplace accommodation requests.

Challenges in teleworking management related to accommodations, inclusion, and the health of workers: A qualitative study through the lens of social exchanges.

Telework is increasingly prevalent and holds the potential to serve as an accommodation, facilitating inclusion and promoting healthy participation among various segments of the workforce, such as aging employees, individuals with chronic illnesses or those living alone with one or more dependents. Nevertheless, this promising avenue presents management challenges that remain underexplored in the literature. This study aimed to identify the challenges in telework management related to accommodations, inclusion and the health of workers with life situations entailing specific needs. We conducted a descriptive interpretative study grounded in Social Exchange Theory, by collecting data through interviews with 9 managers and conducting focus groups involving 16 workers. We used a thematic-analysis approach to analyze the data. We identified seven overarching themes encapsulating management challenges that relate to accommodation (e.g., maintaining a balance between the benefits for the worker and the impacts on the organization) inclusion (e.g., maintaining team cohesion) and health (e.g., managing teleworkers' emotions). The findings underscore the significance of fostering robust social exchanges across hierarchical levels, and they highlight the necessity of equipping managers with the requisite tools to navigate the ethical quandaries arising from accommodation requests.

Identification and Accommodation of ADHD in Family Medicine Residencies: A CERA Study.

An increasing number of medical students applying to residency programs request accommodations for attention deficit hyperactivity disorder (ADHD). Early implementation of accommodations for individuals with ADHD during family medicine (FM) residency could help learners and programs, but the number of programs prepared to invite learners to disclose ADHD and to implement accommodations is unclear. The purpose of this study was to describe practices employed by FM residency programs to identify residents who need accommodations for ADHD. We also chose to examine the frequency with which basic categories of ADHD accommodations are used and whether review of technical standards (ie, resident job description) is associated with timing of accommodations. We analyzed responses from the 2022 Council of Academic Family Medicine Educational Research Alliance (CERA) national survey of FM residency program directors, which was distributed via email invitation to all US programs accredited by the Accreditation Council for Graduate Medical Education. A total of 298 program directors (44.3%) responded. Approximately one in six FM residency programs are proactive in their identification of learners with ADHD, typically recognizing the need for accommodations during the interview process or orientation. Once the need is identified, most programs implement accommodations within 1 month, and many employ multiple types of accommodations. While a small subset of programs has developed processes to identify and accommodate ADHD proactively, results suggested that the majority of programs approach accommodation processes on an ad hoc basis. In turn, ad hoc identification precludes a proactive approach, given use of poor performance to identify the need for supports.

Stressors in the family‐work system, family‐friendly management practice assessment and dedication to work: A comparative analysis between fathers and mothers

AbstractThe study explored the correlations between stressors in the family‐work system, the assessment of family‐friendly management practices, and work dedication among parents in Israel, with a comparison between fathers and mothers. The research sample included 317 Jewish parents, each with at least one child under the age of 10 (158 mothers, 159 fathers). Quantitative methods were employed, and data were collected by the Israeli Panels Research Institute. Women tend to make more accommodation requests for childcare and experience greater discrimination at work than fathers. Accommodation requests and assessments of non‐family‐friendly management practices correlated with feelings of being discriminated against among both men and women. However, discrimination correlated negatively to work dedication only among women. Negative experiences at work contribute more to explaining the dedication of women to work than the dedication of men.Public significance statement The findings indicate that for both genders, perceptions of management as non‐family‐friendly and the frequency of accommodation requests are positively correlated with experiences of discrimination among working parents. However, the experience of discrimination is negatively correlated with work dedication only among mothers. These findings underscore the importance of organizations pursuing a family‐friendly agenda. Advancing such an agenda is pivotal, as it could mitigate experiences of discrimination and thereby contribute indirectly to employee well‐being.

Shabbat and Shattered Dreams: Religious Accommodations for Public Exams in South Korea

Abstract Today in South Korea, individuals of certain faiths are unable to take a wide range of state-administered qualifying examinations due to their religious convictions. The Constitutional Court of Korea has repeatedly refused their request for religious accommodations, such as an alternative test date for Sabbath or holy day observers who are unable to take exams on their original dates. The authors analyze the series of Constitutional Court decisions rejecting the need for such accommodation by focusing on the court’s use of its main analytical tool, the proportionality principle. These decisions reveal important shortcomings in the court’s application of the proportionality principle, including challenges inherent to proportionality and more specific deficiencies in the court’s application of the general principle. The article thus sheds light on how the proportionality principle is applied in the context of Korean constitutional jurisprudence and the resultant deprivation of protection for certain fundamental rights in Korea. The authors compare the court’s approach with that of courts in Spain, Switzerland, and the United States. They then propose a number of ways to improve the court’s proportionality analysis and its constitutional reasoning.

On Turbans, Abayas, and Colanders: The Scope of Religious Dress in a Pluralistic Society

Abstract This article scrutinizes the ongoing European debate surrounding religious attire, particularly in the context of legal restrictions and requests for accommodation. The core inquiry revolves around the ambiguous definition of ‘religious dress’, encompassing both prescribed attire and symbols with religious significance. Beyond conventional religious garments that are generally legally accepted, the article delves into the contentious classification of cultural styles, as seen recently with the ban on abayas and qamis in French public schools, and the exemptions for ‘religious dress’ claimed by adherents to mock religions such as Pastafarianism. Acknowledging the contested nature of defining religion, the article examines the potential necessity for legal definitions, emphasizing their role in determining both recognition and limitations. The study navigates the European legal framework, drawing insights from supranational sources and the case law of the European Court of Human Rights to unravel the intricacies, challenges, and implications of regulating religion and religious dress in Europe.

Confronting Barriers to Equitable Care: A Qualitative Analysis of Factors That Inform People with Mobility Disabilities’ Decisions to Self-Advocate in the Context of Healthcare

Background. One in 5 people in the United States live with disability; however, the public health needs of this community have been largely overlooked. Although U.S. law mandates the availability of accessible medical exam equipment, people with mobility disabilities (PWMD) frequently encounter barriers that require self-advocacy to receive basic primary care. Objective. The purpose of this study was to qualitatively explore the impact of healthcare access barriers—specifically, the experiences of the need to self-advocate and factors that inform decisions to make accommodation requests—for PWMD. Methods. Qualitative semistructured interviews were performed across two phases of data collection with each of the 6 participants. Interpretative phenomenological analysis was used to highlight the essence of participants’ experiences in making decisions to request healthcare accommodation. Results. Participants included a purposive sample of self-advocates with physical disabilities (3 men and 3 women). While individual approaches to self-advocacy varied, participants identified a process of “recognizing the normalization of disability discrimination and disability stigma” which necessitates the development of “agency in self-advocacy.” This process has a lasting impact on people that includes a shared embodied experience of disability, as well as a sense of empowerment based on their collective and individual identities. Conclusions. Findings have implications for supporting individual disability consumer advocacy efforts as well as the need to address the normalization of disability discrimination within healthcare systems levels.

OCR concerned with handling of accommodation request

Case name: Letter re: Eastern Michigan University, No. 15‐21‐2097 (OCR 09/29/23).

Who Requests and Receives Workplace Accommodations? An Intersectional Analysis.

This study investigates who requests workplace accommodations and who is more likely to have requests granted. We investigate the role of demographic characteristics and their intersection, including disability, gender, race/ethnicity, and age. We also consider the role of other personal and job-related factors. We use the data from the Current Population Survey (CPS) 2021 Disability Supplement to estimate the odds ratio of having requested workplace accommodations and having such request granted during the COVID-19 pandemic when the survey was conducted. In supplementary analyses, we explore the relationship between remote work and flexible scheduling and workplace accommodations, as well as possible trends using CPS 2019 Disability Supplement. Our results indicate that Hispanics with disabilities are more likely than others to request workplace accommodations, but they are substantially less likely to be granted accommodations. Consistent with other studies, our paper also finds that people with disabilities, women, and older people are more likely to request accommodations than their respective counterparts. Other personal and job-related factors such as higher education, parenthood, being single, being a citizen, and working in management-related occupations are associated with higher likelihood of requesting workplace accommodations compared to their counterparts, while receiving accommodations is largely explained by occupational differences. Our findings show that there are still disparities in the rates of workplace accommodation requests and provision for multiply marginalized groups, and as such, taking into account intersectional differences in addition and in relation to disability is important.

'Patient' or 'professional'? Negotiating accommodations and identity in fieldwork education.

Despite legislation mandating accommodation policies in postsecondary education, support for students with disabilities is often not implemented within health and human services (HHS) education programs, particularly in fieldwork settings. As part of a Canada-wide study exploring the experiences of disabled students in 10 HHS programs, we examined how HHS students described their experiences accessing accommodations in fieldwork to understand how conceptions of disability relate to students' fieldwork experiences. Using a critical disability studies framework, we explored how HHS fieldwork education understands disability, accommodations and professional competence and what those understandings reveal about the discrepancy between mandated accommodations and what happens in practice. Thirty-five students requiring accommodations in HHS fieldwork education participated in interviews. Through a critical interpretive analysis of interview data, we developed first-person composite narratives to show the richness and complexity of the students' diverse, yet similar, subjective experiences with fieldwork accommodations. Two composite narratives demonstrate how conceptions of disability incommensurate with professional competence expectations influenced student experiences with disclosing disability and obtaining accommodations in fieldwork. Fear of stigma and having one's competence questioned, or having accommodation requests denied for being misaligned with professional expectations, demonstrate how HHS fieldwork education and practice are upheld by ableist systemic structures. The dominant medical model of disability in HHS education creates institutional barriers that require students to constantly (re)construct their 'professional' identity in relation to their 'patient' identity. This patient-professional identity construction relates to HHS professional competency standards and assumptions about what makes a 'good' professional. Suggestions include reworking competency standards and implementing critical pedagogical approaches to teach future and current HHS professionals to question both personal and practice assumptions. With institutional backing, such changes may support diversity within HHS and a culture shift toward more equitable education and health care.

Requesting mental illness workplace accommodations: the roles of perceived need and stigma

PurposeResearch related to workplace accommodation requests for employees with mental illness is scarce, though evidence suggests that these individuals often fail to request accommodations even when needed. The authors' research study aimed to address these shortcomings by (1) assessing employees' knowledge of Americans with Disabilities Act (ADA) laws and how this knowledge influences employees' perceived need for and requests of accommodations; (2) examining the relationship between employees' perceived need for accommodations and employees' workplace outcomes and (3) examining the relationship between perceived need for accommodations and employees' actual accommodation requests, as well as how stigma influences this relationship.Design/methodology/approachThe authors used two survey studies to investigate their research questions. Study 1 participants were recruited through Amazon's MTurk, and Study 2 participants were recruited through support groups for individuals diagnosed with mood disorders (i.e. depression and bipolar disorder).FindingsThe authors found significant gaps in both subjective and objective ADA-related knowledge among participants in their sample. The authors' Study 1 results also revealed an interaction between the perceived need for accommodations and accommodation requests in predicting job satisfaction and turnover intentions. When employees needed accommodations but did not request them, it resulted in worsened workplace outcomes. In Study 2, the authors aimed to identify barriers to requesting accommodations. The authors found that the relationship between perceived need for accommodations and actual accommodation requests was moderated by both public and self-stigma, thereby showing that stigma can impede individuals from requesting needed accommodations at work.Originality/valueThe authors' study sheds light on a population that has been relatively understudied in the workplace accommodations literature, namely those with mental illness. The authors first identify the perceived need for accommodations as an important factor in making accommodations requests at work, as prior work has failed to differentiate how the need for accommodations can vary across individuals. Next, the authors show how workplace outcomes (i.e. job satisfaction and turnover intentions) are negatively affected when employees need accommodations but do not request them. Finally, the authors demonstrate how both public stigma and self-stigma can reduce the likelihood that individuals request accommodations at work, even when needed.

Students should request accommodations from DS office rather than faculty

Faculty customarily decide whether to modify assignment deadlines and participation requirements based on a request from a student confronted with an emergency. However, when they do so in response to a student's request to accommodate a disability, they can put their institution at risk of violating Section 504 of the Rehabilitation Act. The recent court decision in Brown v. Trinity Washington University illustrates why institutions should adopt and publicize policies that direct students to present requests for disability‐related accommodations to a disability services office rather than to individual faculty, (No. 22‐1612 (Dist. D.C. 03/23/2023); see bit.ly/41PnJXc).

Workplace accommodation requests: Experiences of barriers and facilitators among deaf and hard-of-hearing.

Despite the protections afforded by the Americans with Disabilities Act (ADA), workers who are deaf and hard-of-hearing (DHH) face workplace challenges that may require the aid of workplace resources and accommodations. Limited research has been conducted to understand the process of accommodation requests among DHH workers. This qualitative study examined barriers and facilitators to requesting accommodations among DHH workers. Fifty-nine DHH workers, recruited from organizations serving DHH workers across U.S., participated in the study. Participants' open-ended survey responses were analyzed and coded into themes representing barriers or facilitators to participants' decisions to request or withhold requests for accommodations. Facilitators to accommodation request include an employee's effective use of self-efficacy and self-advocacy; supportive work environments; and the presence of peers with disabilities. Barriers to accommodation requests include the anticipation of negative perception of stigmatization in the workplace; lack of knowledge related to accommodations and ADA; absence of workplace support; ineffectual workplace structure, policies, or procedures; concerns surrounding costs; and physical and access barriers in the workplace. To fulfill the workers' rights as guaranteed by the ADA, and to best serve the interests of the workplace, strategies are highlighted on how to assist DHH employees to take advantage of workplace accommodations with aims to promote job retention and success.

Librarians Working with Chronic Conditions During and After the COVID-19 Pandemic

This study follows up with librarians with chronic conditions who completed a survey about their work lives in early 2020, before the COVID-19 pandemic. Participants shared their experiences with health management, remote working, and the return to workplace during and after the pandemic. Results show that remote work generally made managing a chronic condition easier. 44% did not feel safe returning to the physical workplace, however, 57% felt at least somewhat supported by their employer. 71% believed that their employers had modified their views about remote work, an important accommodation request of many with chronic illnesses.

Small Empires: How Equipped are Small Business Owners to Hire People with Disabilities?

This study explores small businesses' knowledge base and practices concerning interviewing and hiring job candidates with disabilities, as they are not required to comply with the provisions of the Americans with Disabilities Act (ADA). We first conducted 18 in-depth interviews with small business owners to explore their knowledge of the ADA, their practices surrounding hiring (for those with and without disabilities), and their sense of the best practices for how a candidate should navigate the interview and request for accommodations. Responses were then used to create a survey of an additional 110 small business owners. Six themes arose from the interviews, illuminating the steep learning curve involved in each (1) hiring well, (2) the need to trust an employee's character as much as their skill set, (3) the need for an employee to fit within the small business's family-like environment, (4) the preference for job candidates to be transparent about their needs as early as possible, (5) the importance of personal experience with disability, and (6) the difficulty in obtaining precise information about the ADA. Survey responses supported the general findings of the interviews while also providing information about the relative rarity of encountering a job candidate with a disability. Hiring employees with disabilities is challenging for small businesses, and bias is difficult to avoid. The availability of clear information on how to comply with the ADA and other laws and practices would be welcome by many small business owners.

OCR concerned with university's handling of accommodation request

OCR concerned with university's handling of accommodation request

OCR concerned with university's handling of accommodation request

Case name: State University of New York at New Paltz, No. 02‐23‐2039 (OCR 05/12/23).

OCR concerned with university's handling of accommodation request

Case name: State University of New York at New Paltz, No. 02‐23‐2039 (OCR 05/12/23).

Review new OCR letter that may suggest a more flexible approach to process

As previous columns have noted (https://doi.org/10.1002/dhe.31107), the Office for Civil Rights denial of accommodation investigations focus almost exclusively on process. These determination letters frequently include lengthy descriptions of how the institution processed a request, a focus that might suggest that Section 504 of the Rehabilitation Act is an administrative procedure statute. But Section 504 is a civil rights statute whose purpose is to prohibit disability discrimination, not a procedural code for processing accommodation requests. Nevertheless, if OCR unearths process shortcomings in its investigation, it regularly relies on process failure to conclude that an institution has violated section 504, issuing a finding of discrimination and direction to reconsider the request based solely on its assessment that the institution's process fell short.