Over the past several years, we have written extensively over the increase in disability-based discrimination claims filed with the Equal Employment Opportunity Commission, including a significant rise in employees and applicants citing mental health conditions as the basis for their protected status under the Americans with Disabilities Act. In a number of recent situations, we have been asked by clients to assist them with responding to employees who request that most or all instructions and work communications be provided to them in writing instead of orally. Typically, the employee cites ADHD or a related medical condition as the reason why they need written communications.  

Is it an ADA reasonable accommodation to have employee interactions reduced to writing? When we ask supervisors about the feasibility of such changes, they are often dismayed, noting the extra time and effort required to modify what have typically been quick conversations with employees into writing. Some managers also voice their suspicions that the request for written communications is really an attempt by the employee to avoid interactions with managers who have been critical of their performance and have tried to hold them to higher work standards.

As with most ADA accommodation issues, the answer to this question is, "it depends." In some circumstances, requests for written instructions could be considered reasonable for employers with adequate resources. It would be more difficult for an employee to contend that a blanket ban on oral communications is a reasonable accommodation under the ADA. Given the quick pace of many workplaces and the business' need to be able to pivot and change work assignments, requiring a manager to only communicate in writing may not be feasible. In some situations, emerging voice-to-text software could make written communications faster and easier for managers to prepare.

All ADA accommodation reviews should be documented, along with communications with the requesting employee to discuss how such accommodations would work. If the employer agrees to provide written communications, the approval should set forth necessary exceptions to this agreement. It should also explain that the company will review the effectiveness of the accommodations provided and reserve the right to end or modify measures found to be ineffective or overly burdensome.

For more information, please contact me or your regular Parker Poe contact. Click here to subscribe to our latest alerts and insights.