Barriers to the accommodation request process of the Americans With Disabilities Act

Journal of Rehabilitation, April-June, 2005 by John Jay Frank, James Bellini

There may be circumstances where the type and process of accommodation requires exploration, but this is an odious barrier in situations where the product and process are straightforward and even offered. The goals of access remain unfulfilled. The informants understood that non-compliance occurred by deflection, instead of by outright refusal. Rather than address each complication in turn, informants preferred to by-pass the request process, to aim their efforts at accomplishing the task the accommodation was supposed to facilitate. Multiple barriers interfere with life.

The barriers in this theme should not be misunderstood as suggesting a need for more education. The entity's lack of knowledge is not what the informants reported. The informants felt that covered entities simulated a step-by-step, case-by-case process suggested by federal guidelines (EEOC/DOJ, 1992) in order to create a discouraging wall of complications. The requesters were exposed to the cares, concerns, and reactions of the entities. They felt that the entities did this deliberately so as to avoid accommodating or providing a precedent or clear process. Keith Lane noted:

   My requests were handled in a case by case manner with
   hassles and negative responses. They made it sound like I
   was a bother to them. I felt I had pushed the envelope
   enough. They just didn't want to be bothered.

Another way this occurred was by the need for additional solutions to problems in the accommodation process after a particular format was agreed to. Olive Pine, a psychologist, requested Brailled case files and her employer agreed to provide them.

   I'm a Psychologist. I requested clients' information in
   Braille for privacy, They were willing in principle, but
   didn't have equipment to do it so they sent it to another
   office. In that office, their transcriber was down, and it
   became a big deal. I got as much information as I could
   over the phone.

Ms. Pine was not refused the accommodation. Her employer agreed to provide the client files in Braille. It was not provided in a timely or confidential manner so that Ms. Pine could accomplish the instrumental tasks associated with her employment. Ms. Pine found agreement, then a problem, then a solution, then a problem, and she was required to be involved with each step in this circuitous process if she hoped to finally receive the straightforward accommodation that was requested. Faced with these complications, her solution was to avoid the process and accomplish her task using means that were less independent and less preferred, but were at least available.

Keith Lane described incomplete accommodation. He asked for and received an Alva Braille Display for his computer, but it does not work. He said it just needs a new driver, a software program to make it work with his computer. Keith, however, uses the old Windows 95, because all his assistive technology (AT) devices and related software are compatible with that version. However, finding and installing the associated driver will take time and might require a newer system or more computer memory, that in turn, might require changes to other AT devices he uses on his computer. Mr. Lane is not willing to take the time for all the tasks needed because, he said, "I have work to do."