How to request an ADA accommodation in residency: a checklist
Short answer
Make the request in writing, to the office your institution's accommodation policy names, and keep the date. Say that you are requesting an accommodation and what change you need. Take part in the interactive process, ask for a written determination listing each accommodation, who is responsible, and when it starts, and confirm it reached your program and is actually in place.
The request you make in writing is the one that counts.
Accommodations generally apply going forward. That makes two things matter more than anything else: asking early, and asking in writing, so the date is never in dispute. This checklist covers the process, not whether you have a disability or a claim. Those questions go to counsel.
Use the checklist, then tell us where you are in the process: start a confidential intake.
Before you ask
- Find your institution's accommodation policy and the office it names.
- Learn who your HR and GME contacts are. See who to contact above your program director.
- Decide what change you need: to a schedule, a task, equipment, an exam, or the way something is customarily done.
Making the request
- Put it in writing, to the named office, and keep the date.
- Say that you are requesting an accommodation, and describe the change you need. Plain language is enough.
- Keep the medical detail for the documentation the office requests, not for your program.
- Keep a copy outside your institutional account.
The interactive process
- Expect a conversation about what you need and what will work. Take part, and follow up in writing after each meeting.
- Provide the documentation the office reasonably asks for.
- Ask what will happen next, and when.
The determination
- Ask for a written determination.
- Check that it lists each accommodation, who is responsible for it, and when it starts.
- Ask whether it has been sent to your program.
- If anything was denied, check that the denial describes what you actually asked for. If not, see accommodation denied for something you never asked for.
After approval
- Write down the first day each accommodation is actually in place.
- If one is not in place, ask in writing when it will start. See approved but not provided.
- If you are on a remediation plan, ask that it account for the accommodations.
- Ask who has seen your accommodation file. It should be kept separate from your training file.
One honest limit
Accommodations usually work going forward. They rarely erase concerns raised before you asked, which is why asking early matters.
The Job Accommodation Network offers free, confidential guidance on accommodation options.
If this is happening to you
Tell us where you are in the process and what has happened since you asked. We will review your situation confidentially and point you to the right next step: start a confidential intake.
Resident Help is not a law firm, and submitting an intake does not create an attorney-client relationship. If your situation needs a lawyer, we will tell you and help you find one.
Common questions
- How do I request an ADA accommodation in residency?
- Find your institution's accommodation policy and the office it names, often HR or a disability or employee accommodation office. Send a written request that says you are asking for an accommodation and what change you need. Keep a copy and the date.
- Do I have to use the words reasonable accommodation?
- No. EEOC guidance says a request can be made in plain language. Putting it in writing, and saying clearly that you are asking for a change at work because of a medical condition, makes the date and the request easy to prove.
- Do I have to tell my program director my diagnosis?
- Accommodation requests usually go through HR or a designated office, which may ask for documentation. Your program generally needs to know what the accommodation is, not your diagnosis. Ask who will see your documentation.
- When should I request an accommodation in residency?
- As early as possible. Accommodations generally apply going forward and rarely erase performance concerns raised before the request, so the request date matters.
Sources
If this is happening to you
You can send us a short note in about ninety seconds. It is free, it is confidential, and it does not commit you to anything.
Start IntakeThis post is general information and not legal advice. Institutional policies and board rules change, so confirm the version in force on your dates.