# ADA Title 3 and 5 magic words

**URL:** <https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388>\
**Category:** Factual Questions\
**Created:** [March 31, 2015, 2:30am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388 "2015-03-31T02:30:11Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\
**Post date:** [March 31, 2015, 2:30am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/1 "2015-03-31T02:30:11Z")

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So I got a call at work from this guy recently. He seems to make it a habit of calling places and only saying ‘reasonable accommodation’ then lecturing you for not saying the 5 magic words he claims are required by law. (After 15 minutes my supervisor made me transfer the call to him) Is there any truth to the claim that it is a violation of someones civil rights to not respond to those 2 words with the right 5 words?

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [March 31, 2015, 2:34am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/2 "2015-03-31T02:34:46Z")

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What are these five words even supposed to be?

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**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\
**Post date:** [March 31, 2015, 2:38am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/3 "2015-03-31T02:38:16Z")

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> [@Chronos](#):
>
> What are these five words even supposed to be?

No idea. I was supposed to know it seems.

The claim was simply that by him saying ‘reasonable accommodation’ that I was then legally required to respond with 5 particular words. I got the impression that he sits all day and makes these calls.

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [March 31, 2015, 2:41am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/4 "2015-03-31T02:41:57Z")

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> [@Antinor01](#):
>
> No idea. I was supposed to know it seems.
> 
> The claim was simply that by him saying ‘reasonable accommodation’ that I was then legally required to respond with 5 particular words. **I got the impression that he sits all day and makes these calls.**

Maybe he’s OCD.

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**Author:** ![panache45](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/panache45/32/64_2.png) [@panache45](https://boards.straightdope.com/u/panache45)\
**Post date:** [March 31, 2015, 3:09am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/5 "2015-03-31T03:09:50Z")

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Your supervisor waited 15 minutes, before asking you to transfer the call? And did s/he know the 5 magic words?

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**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\
**Post date:** [March 31, 2015, 3:12am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/6 "2015-03-31T03:12:55Z")

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> [@panache45](#):
>
> Your supervisor waited 15 minutes, before asking you to transfer the call? And did s/he know the 5 magic words?

Nope. Actually I was fine letting the guy go on. I finally got bored and asked what the boss wanted me to do.

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**Author:** ![JKilez](https://avatars.discourse-cdn.com/v4/letter/j/e5b9ba/32.png) [@JKilez](https://boards.straightdope.com/u/JKilez)\
**Post date:** [March 31, 2015, 3:27am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/7 "2015-03-31T03:27:55Z")

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Did you try:

KLAATU, BARADA, NECKtie… nectar… _nickel_? 😃

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**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\
**Post date:** [March 31, 2015, 3:29am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/8 "2015-03-31T03:29:10Z")

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> [@JKilez](#):
>
> Did you try:
> 
> KLAATU, BARADA, NECKtie… nectar… _nickel_? 😃

Heh. I’m not that worried about it, just was wondering if there was any kernel of truth to it.

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**Author:** ![Ambivalid](https://avatars.discourse-cdn.com/v4/letter/a/a5b964/32.png) [@Ambivalid](https://boards.straightdope.com/u/Ambivalid)\
**Post date:** [March 31, 2015, 3:30am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/9 "2015-03-31T03:30:09Z")

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> [@Antinor01](#):
>
> Heh. I’m not that worried about it, just was wondering if there was any kernel of truth to it.

No.

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**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\
**Post date:** [March 31, 2015, 3:34am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/10 "2015-03-31T03:34:32Z")

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> [@Ambivalid](#):
>
> No.

Cool. I didn’t really think there was, but was just curious enough to ask on here.

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**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\
**Post date:** [March 31, 2015, 3:39am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/11 "2015-03-31T03:39:41Z")

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There is no ADA Title V.

> **[Laws, Regulations & Standards](https://www.ada.gov/2010_regs.htm)**
>
> Disability rights are civil rights. From voting to parking, the ADA is a law that protects people with disabilities in many areas of public life.

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<div class="post-metadata">

**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\
**Post date:** [March 31, 2015, 3:41am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/12 "2015-03-31T03:41:27Z")

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> [@Duckster](#):
>
> There is no ADA Title V.
> 
> [Redirecting…](http://www.ada.gov/2010_regs.htm)

Right, that’s why I said title 3. The claim was that under ADA title 3, if someone says on the phone to a business ‘reasonable accommodation’ that there are 5 words you are required to say back to them.

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**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\
**Post date:** [March 31, 2015, 3:49am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/13 "2015-03-31T03:49:15Z")

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“Reasonable accommodation” is not even a complete sentence. I haven’t read ADA Title V, but I’m going to go out on a limb and say that not even the US Congress is dumb enough to enact a law that requires a specified verbal response whenever somebody chants a specified slogan.

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**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\
**Post date:** [March 31, 2015, 3:49am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/14 "2015-03-31T03:49:33Z")

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> [@JKilez](#):
>
> Did you try:
> 
> KLAATU, BARADA, NECKtie… nectar… _nickel_? 😃

In the rather celebrated case, _Ash v. AoD_, you don’t actually have to say every little tiny syllable; “basically” will do.

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**Author:** ![Blake](https://avatars.discourse-cdn.com/v4/letter/b/a9a28c/32.png) [@Blake](https://boards.straightdope.com/u/Blake)\
**Post date:** [March 31, 2015, 4:29am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/15 "2015-03-31T04:29:20Z")

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I’m not sure why, but I tried a Google search on this. I managed to find a similar rant [in a blog.](http://ibelieveintheada2013.blogspot.com.au/) Reading through the absence of punctuation, the total lack of context, the stream-of-consciousness prose and the references to Secret Agents and hidden cameras, the point seems to be this:

If someone is disabled, but they do not have any visible disabilities, they should say “Reasonable Accommodation” before they say anything else. Any US citizen then has to respond with **the five magic words "“What is your Reasonable Accommodation”**. Failing to respond with those words is apparently illegal, a violation of the caller’s civil rights and makes them not a US citizen.

The source of this is an anonymous blogger who admits he has been arrested for Social Security fraud, recounting second-hand information received from a “Secret Service Agent for the Department of Homeland Security”.

So clearly this is legit legal advice.

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**Author:** ![Analogue\_Skywalker](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@Analogue\_Skywalker](https://boards.straightdope.com/u/Analogue_Skywalker)\
**Post date:** [March 31, 2015, 4:31am UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/16 "2015-03-31T04:31:11Z")

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From a law website

[http://www.boardmanclark.com/reading-room/americans-with-disabilities-and-reasonable-accommodation-in-employment/](http://www.boardmanclark.com/reading-room/americans-with-disabilities-and-reasonable-accommodation-in-employment/)  
**No “magic words” are required.** The EEOC Guidance emphasizes a “plain English” request, and the employee “need not mention the ADA or use the phrase ‘reasonable accommodation.’”

From a Lawyer Blog

> **[magic words | Understanding the ADA](https://www.understandingtheada.com/blog/tag/magic-words/)**

**Magic words are not required** by the ADA when it comes to requesting a reasonable accommodation

the 5 magic words are

“No Magic Words Are Required” / “Magic Words Are Not Required”

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<div class="post-metadata">

**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\
**Post date:** [March 31, 2015, 3:27pm UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/17 "2015-03-31T15:27:05Z")

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> [@](#):
>
> If someone is disabled, but they do not have any visible disabilities, they should say “Reasonable Accommodation” before they say anything else. Any US citizen then has to respond with **the five magic words "“What is your Reasonable Accommodation”**. Failing to respond with those words is apparently illegal, a violation of the caller’s civil rights and makes them not a US citizen.

Ah, no. That’s not how it works.

> [@](#):
>
> **How must an individual request a reasonable accommodation?** When an individual decides to request accommodation, the individual or his/her representative must let the employer know that s/he needs an adjustment or change at work for a reason related to a medical condition. To request accommodation, an individual may use “plain English” and need not mention the ADA or use the phrase “reasonable accommodation.”
> 
> **May someone other than the individual with a disability request a reasonable accommodation on behalf of the individual?** Yes, a family member, friend, health professional, or other representative may request a reasonable accommodation on behalf of an individual with a disability. Of course, the individual with a disability may refuse to accept an accommodation that is not needed.
> 
> **Do requests for reasonable accommodation need to be in writing?** No. Requests for reasonable accommodation do not need to be in writing. Individuals may request accommodations in conversation or may use any other mode of communication.  
> **When should an individual with a disability request a reasonable accommodation?** An individual with a disability may request a reasonable accommodation at any time during the application process or during the period of employment. The ADA does not preclude an employee with a disability from requesting a reasonable accommodation because s/he did not ask for one when applying for a job or after receiving a job offer. Rather, an individual with a disability should request a reasonable accommodation when s/he knows that there is a workplace barrier that is preventing him/her, due to a disability, from effectively competing for a position, performing a job, or gaining equal access to a benefit of employment.  
> **What must an employer do 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.  
> **May an employer ask an individual for documentation when the individual requests reasonable accommodation?** Yes. When the disability and/or the need for accommodation is not obvious, the employer may ask the individual for reasonable documentation about his/her disability and functional limitations.

Details here: [Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA | U.S. Equal Employment Opportunity Commission](http://www.eeoc.gov/policy/docs/accommodation.html)

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<div class="post-metadata">

**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [March 31, 2015, 3:34pm UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/18 "2015-03-31T15:34:14Z")

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I thought the five magic words were, “The Sorting Hat chooses Slytherin!”

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [March 31, 2015, 4:12pm UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/19 "2015-03-31T16:12:15Z")

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Actually “reasonable accommodation” does shake some people up. I’ve been having some issues with my health insurance (thanks ACA) and I got a call from the insurance company. I was very busy at work and I asked the guy to speak with my office manager. He said it couldn’t be done that way.

So I ask to speak with his boss, but he said no. So I mentioned that I have difficulty with the phone due to my hearing disability and I asked why they couldn’t make a reasonable accommodation. Bingo. All was fixed.

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<div class="post-metadata">

**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\
**Post date:** [March 31, 2015, 4:49pm UTC](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388/20 "2015-03-31T16:49:33Z")

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> [@kayaker](#):
>
> Actually “reasonable accommodation” does shake some people up. I’ve been having some issues with my health insurance (thanks ACA) and I got a call from the insurance company. I was very busy at work and I asked the guy to speak with my office manager. He said it couldn’t be done that way.
> 
> So I ask to speak with his boss, but he said no. So I mentioned that I have difficulty with the phone due to my hearing disability and I asked why they couldn’t make a reasonable accommodation. Bingo. All was fixed.

Superstition works against superstitious people. A lot of people believe in the magic law-making power of the ADA, and respond accordingly when the magic words are invoked.

They’re not really magic, and the ADA actually doesn’t work that way, but if you can get that leverage against the weak-minded, why not use it?

OTOH, if you sincerely know better, you can’t reasonably be upset when someone else also doesn’t treat the non-magic as magical.

[Next page](https://boards.straightdope.com/t/ada-title-3-and-5-magic-words/716388.md?page=2)
