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Is there any legal framework for the process of negotiation of reasonable accommodations for the job interview?
As far as I understand, the candidate needs to provide a letter from their doctor that states that the said candidate has certain disabilities and can't do certain things, and thus needs certain adjustments during the interview.
From the side of the company, do they need to provide any evidence to support their opinion on what accommodations would be reasonable or unreasonable?

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  • Example: A person gets headaches from looking at any computer screen. It would not be reasonable accommodation to demand an office without screens. – Trish Dec 10 '20 at 17:49
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This is covered by the page Job Applicants and the ADA from the U.S. Equal Employment Opportunity Commission. There it is said:

I have a disability and will need an accommodation for the job interview. Does the ADA require an employer to provide me with one?

Yes. Employers are required to provide "reasonable accommodation" -- appropriate changes and adjustments -- to enable you to be considered for a job opening. Reasonable accommodation may also be required to enable you to perform a job, gain access to the workplace, and enjoy the "benefits and privileges" of employment available to employees without disabilities. An employer cannot refuse to consider you because you require a reasonable accommodation to compete for or perform a job.

The page mentions as plausible required reasonable accomodations:

  • providing written materials in accessible formats, such as large print, braille, or audiotape
  • providing readers or sign language interpreters
  • ensuring that recruitment, interviews, tests, and other components of the application process are held in accessible locations
  • providing or modifying equipment or devices
  • adjusting or modifying application policies and procedures.

The page goes on to say that:

You must inform the employer that you need some sort of change or adjustment to the application/interviewing process because of your medical condition. You can make this request orally or in writing, or someone else might make a request for you (e.g., a family member, friend, health professional, or other representative, such as a job coach).

A letter from a doctor is not automatically required. But in some cases a prospective employer might reasonably insist on nsuch a letter. The page says:

If your disability and need for accommodation are not obvious, the employer may ask you for reasonable documentation explaining the disability and why an accommodation is needed.

There is no specified evidence or form that an employer need provide in rejecting a request for an accommodation. The employer is only required to provide "reasonable" accommodation, and is not required to provide any accommodation if it would cause "undue hardship" to the employer. If several possible accommodations would reasonably allow the potential employee to apply the employer may choose which one or ones to offer. It need not offer the one preferred by the prospective employee. All this also applies to accommodations for an employee after s/he has been hired or has a job offer.

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  • The question is, what can be considered undue hardship? – user855286 Dec 30 '20 at 17:35
  • @user855286 The law contains no definition of "undue hardship" so there can be no general answer. Caselaw can show what has been held to be undue hardship, and what has not. The more the expense to the employer, the more likely it would be to be considered hardship. Anything that significantly disrupts the employer's operations would probably be undue hardship. There is no bright-line rule. – David Siegel Dec 30 '20 at 17:48
  • let's put it a different way - if the adjustment requires the employer to just change their interview procedure, how likely this is to be considered undue hardship? – user855286 Jan 22 at 19:47

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