What Should You Do If You’re Denied Disability Accommodations?

Disability accommodations are an essential aspect of workplace equality. These modifications or adjustments empower individuals with disabilities to perform their jobs effectively and enjoy the same opportunities as their colleagues. When these accommodations are denied, it can feel frustrating and overwhelming, but it’s important to understand that you have rights. Knowing how to respond can be the first step toward protecting your interests and ensuring your employer fulfills their legal obligations. Marshall Forman & Schlein LLC can help you seek the accommodations you need.

Understanding Reasonable Accommodations Under the Law

The Americans with Disabilities Act (ADA) defines a “reasonable accommodation” as any adjustment that enables an employee with a disability to effectively perform the core responsibilities of their job or participate in the job application process. This might include restructuring a workspace, modifying schedules or providing assistive technology. The key consideration is that the accommodation must enable the individual to perform their job without imposing excessive hardship on the employer.

It’s worth noting that employers are obligated to grant reasonable accommodations unless doing so would cause “undue hardship.” Undue hardship refers to accommodations that would be prohibitively expensive or significantly disrupt business operations. For instance, an adjustment that would fundamentally change the nature of the business or result in exorbitant costs may be deemed unreasonable. However, employers cannot necessarily refuse a request simply because there are associated costs or inconvenience.

If you’ve been denied accommodations, it is vital to evaluate whether your request was reasonable and whether the denial was lawful.

Steps to Take If Your Disability Accommodation Request is Denied

Denial of an accommodation request can be disheartening, but there are several steps you can take to protect your rights and address the situation effectively.

1. Review Your Rights

First, familiarize yourself with your rights under the ADA and any applicable state or local laws. This will help you understand whether the accommodation you requested meets the criteria for reasonableness. It can also clarify whether your employer’s stated reasons for denial align with legal standards.

2. File an Internal Complaint

If discussions with your employer don’t lead to a resolution, file a formal complaint with your company’s human resources (HR) department. This creates a documented record of your concerns, which may become crucial if you decide to pursue legal action. While HR prioritizes the company’s interests, having this documentation on file strengthens your case.

3. Seek Legal Guidance

If the above steps don’t resolve the issue, it’s time to consult an experienced attorney. A disability discrimination lawyer can evaluate the specifics of your case, determine if your employer’s actions were unlawful and help you file a claim if needed. Legal professionals can also assist in filing a complaint with the Equal Employment Opportunity Commission (EEOC), a critical step in pursuing justice. The EEOC can investigate your case and, if appropriate, issue a “right to sue” letter allowing you to bring legal action.

Don’t Face This Alone – We’re Here to Help

At Marshall Forman & Schlein LLC, we understand how unsettling it can be to face workplace challenges. With over 50 years of combined experience in employment law, our skilled attorneys are committed to advocating for employees’ rights. If your request for a reasonable accommodation has been wrongfully denied, we’ll help you understand your options. Contact us today to build a strategy that helps you seek a resolution that works for you.