Graphic Media Alliance

Question

During the hot summer months, we turn on the air conditioning to keep our employees cool and comfortable in the workplace. We have one employee who, due to a disability, is sensitive to cold temperatures. Besides turning down the air conditioning (which other employees may complain about), what can we do in this situation?

Answer

The federal Americans with Disabilities Act requires private-sector employers with 15 or more employees to provide reasonable accommodation to qualified individuals with disabilities unless doing so would cause undue hardship. After receiving a request for reasonable accommodation, the employer and the individual with a disability should engage in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation. While the individual with a disability does not have to be able to specify the precise accommodation, they do need to describe the problems posed by the workplace barrier.

The Job Accommodation Network (JAN) is a service of the U.S. Department of Labor’s Office of Disability Employment Policy that provides guidance on job accommodations and disability employment issues. JAN has identified potential solutions for individuals with temperature sensitivity. For example, JAN identifies the following solutions:

• Providing work areas with separate temperature controls;
• Heated clothing;
• Workstation space heaters;
• Flexible schedules; and
• Telework.

Additionally, suggestions from the individual with a disability may assist the employer in determining the type of reasonable accommodation to provide. Employers should also check for any applicable state and local laws that may apply. Employers may need to work with local counsel to ensure legal compliance.