Emerging Issues in Workplace Accommodations

The Federal government has been increasing the burden on employers to provide  accommodations to employees. The Americans with Disabilities Act says that employees seeking an accommodation for a physical or emotional disability must engage their employer in an “interactive process.” Employees provide information concerning the condition and proposed accommodations, and employers are then tasked with determining whether there is a “reasonable” accommodation that would allow the employee to continue working.

The Equal Employment Opportunity Commission and state agencies are placing stringent requirements on employers to make accommodations based on religious beliefs. Accommodations can include modified work schedules, attire rules and facial hair requirements.

In July of 2014, President Obama issued an executive order to protect

federal LGBT employees from workplace discrimination. Employers who have available facilities have responded by designating some gender neutral bathrooms. Others urge transgender employees to use facilities in a stall, to respect the privacy of employees of a different gender using that same bathroom. The EEOC contends that transgender males have the legal right to displace females from the women’s restroom if those women are uncomfortable using the facility at the same time.

Under the Fair Labor Standards Act, lactating mothers are allowed a private room to express milk. It cannot be a bathroom, and it must allow a level of privacy and security. Examples include empty offices or lounge areas where the door can be locked.