The Accommodation Conversation

Human resources expert Marci LaRouech, CEO and owner of Seay HR, answers common questions around navigating disability- or pregnancy-related requests. 

Amy Wunderlin

Accommodating employees with disabilities or pregnancy-related limitations presents unique workplace considerations for pest control companies. The physical demands of technician jobs, exposure to chemicals, driving requirements, and variable work environments all factor into the accommodation process.

Here, Marci LaRouech, CEO and owner of Seay HR, breaks down the accommodation requirements under the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA). She provides real-world situations pest control businesses might encounter involving lifting restrictions, concerns about chemical exposure, and requests for schedule modifications. The goal is to help employers understand their responsibilities and approach accommodation requests consistently, thoughtfully, and lawfully.

Q: What triggers accommodations under ADA and PWFA?
A: Under the Americans with Disabilities Act, the accommodation process is triggered when an employee or applicant has a disability and needs support to perform the essential functions of their job. Under the Pregnant Workers Fairness Act, accommodations are triggered when an employee has a known physical or mental limitation related to pregnancy, childbirth, or a related medical condition.

Importantly, employees are not required to use legal terms like “ADA accommodation” or “PWFA accommodation.” A request can be as simple as an employee asking for a stool, additional breaks, help with lifting, schedule changes, or time off for medical appointments. Employers should train managers to recognize these requests even when employees do not specifically reference a law.

Employers should also be proactive. If a supervisor observes an employee who has disclosed that they are pregnant or have a disability struggling to perform certain job duties, it is appropriate to initiate a conversation about whether an accommodation may be needed.

Q: What are the most common pest control-specific accommodation scenarios? 
A: In the pest control industry, accommodations often involve modifying how work is performed rather than eliminating essential job duties. Examples may include:

• A pregnant technician who has a restriction on lifting heavy equipment may temporarily receive assistance with lifting requirements or be assigned less physically demanding tasks.
• An employee with a pregnancy-related condition or disability that limits exposure to certain chemicals may temporarily transition to inspections, client-service duties, training activities, or other suitable work functions.
• A technician undergoing medical treatment may need a modified schedule, later start times, shorter shifts, or intermittent time off for appointments.
•  A pregnant employee may need more frequent rest­room breaks, hydration breaks, or the ability to sit periodically throughout the day.
• An employee with a disability may require assistive equipment, modified duties, or temporary adjustments to routes or assignments to continue performing essential functions safely.

The key is evaluating whether the accommodation allows the employee to continue performing the essential functions of the position while addressing their limitation.

Q: How are reasonable versus unreasonable accommodations determined?
A: A reasonable accommodation is one that helps a qualified employee perform essential job duties without creating an undue hardship for the employer. Both the ADA and PWFA use the concept of “undue hardship,” which generally refers to significant difficulty or expense for the organization.

When evaluating requests, employers should:

• Review the employee’s job description and identify essential versus marginal job functions
• Consider whether the requested accommodation effectively addresses the employee’s limitation.
• Assess operational impact, safety concerns, cost, staffing implications, and business disruption.
• Explore alternative accommodations if the employee’s preferred solution creates an undue hardship.
  For example, temporarily reassigning some lifting tasks may be reasonable, while permanently removing a core function of a service technician’s role could be unreasonable if lifting is an essential job requirement. Each situation requires an individualized assessment rather than a one-size-fits-all approach.

Q: What does the interactive process look like, and how do you properly engage with employees during it?
A: The interactive process is an ongoing dialogue between the employer and employee to identify effective accommodations. The goal is collaboration, not simply approving or denying a request. A compliant process generally [requires employers to]:

1. Recognize the request. Managers should identify potential accommodation requests, even when employees do not use legal terminology.
2. Engage in conversation. Discuss the employee’s limitations and how those limitations affect 
   job performance.
3. Gather information. Ask the employee which job duties are difficult and what changes may help them perform successfully.
4. Obtain supporting documentation when appropriate. If the need for accommodation is not obvious, employers may request limited medical documentation but should not seek complete medical records.
5. Evaluate options. Review essential job functions and explore potential accommodations together.
6. Implement the accommodation promptly. Once a reasonable solution is identified and does not create an undue hardship, put it into place.
7. Follow up. Monitor effectiveness and make adjustments if circumstances change.

Throughout the process, employers should maintain open communication, listen carefully, and focus on solving the workplace challenge rather than questioning the legitimacy of the employee’s request.

Q: What are best practices for documenting in good faith?
A: Documentation is one of the strongest protections an employer has when managing accommodation requests. Best practices include:

• Documenting the initial request, even if it is made verbally.
• Maintaining records of all conversations, emails, meetings, evaluations, and decisions related to the accommodation process.
• Recording the accommodations considered, including options that were accepted or rejected and the business reasons supporting those decisions.
• Providing written confirmation of the approved accommodation and implementation date.
• Storing medical information separately from the personnel file and maintaining confidentiality.
• Periodically documenting follow-up discussions to confirm the accommodation remains effective.
• Applying a consistent process across employees to demonstrate fairness and good-faith compliance efforts.

For pest control employers, good documentation demonstrates that decisions were based on operational realities, employee needs, and compliance obligations rather than assumptions or inconsistent treatment. 

The Essential Legal Document Checklist

Proper documentation is a critical component to protecting your business against workplace claims, clarifying expectations, and demonstrating good-faith compliance with professional standards. While specific requirements vary by business and location, NPMA recommends pest control companies consider maintaining the following essential documents:

• Service agreements: The service agreement establishes clear expectations between company and client. It should outline services provided, frequency of service, pricing and payment terms, client responsibilities, cancellation policies, warranties or guarantees, and other important terms and conditions. Clear agreements can help prevent misunderstandings and provide documentation if a dispute arises.
• Employee handbooks: An employee handbook gives employees a central reference for workplace policies and expectations. It may cover topics such as compensation and benefits, attendance, workplace conduct, harassment and discrimination, use of company property, disciplinary procedures, technology use, and other employment policies. Handbooks should be reviewed regularly to ensure policies remain current and consistent with applicable laws.
• Vehicle policies: These policies establish expectations for vehicle use, driver qualifications, seatbelt use, distracted driving, vehicle inspections, maintenance, accident reporting, and the use of company vehicles for personal purposes. A documented policy also gives managers a framework for addressing unsafe driving practices.
• Safety protocols: Written safety protocols help establish consistent procedures for protecting employees, customers, and the public. Depending on the services provided, these documents may address pesticide handling and application, PPE, chemical storage, equipment operation, emergency procedures, heat exposure, and other workplace hazards. Training records and employee acknowledgments can provide additional evidence that safety procedures have been communicated and implemented.
• Photo documentation: Photos provide valuable documentation of property conditions, pest activity, treatment areas, and work completed. A consistent photo documentation system can help technicians communicate findings with clients and create a record of service before and after treatment. Companies should establish clear guidelines for when photos should be taken, what they should capture, how they should be stored, and how client privacy should be protected.

To help get your company started, NPMA has created a variety of sample contracts and forms, which can be found at npmapestworld.org/contracts.