Reasonable Accommodation

Employees who are living with disabilities are empowered to seek reasonable, and effective, accommodation within the workplace. A reasonable accommodation is a modification or adjustment to a job, work environment, or application process that affords an individual living with a disability equal opportunity in the hiring process and/or performance of their job.

Although employers are entitled to determine whether or not a requested accommodation is reasonable, employers have an affirmative duty to initiate the interactive process to find an effective accommodation when the need for accommodation is identified. Riehl v. Foodmaker, Inc., 152 Wn.2d 138, 145, 94 P.3d 930 (2004) The interactive process works as an exchange of information between the employee and the employer, for the purpose of finding an effective and reasonable accommodation. The duty to engage in the interactive process is a continuing effort between the employer and the employee. Where a once effective accommodation begins to fail, the employer is obligated to work with the employee to identify a replacement accommodation.  Again, while the employer is entitled to choose the mode of accommodation, where multiple modes exist, they cannot insist on an accommodation that has proven to be ineffective. Pulcino v. Fed. Express Corp., 141 Wn.2d 629, 643, 9 P.3d 787 (2000).