What to Do When Your Employer Refuses Your Reasonable Accommodation Request

The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations when employees with disabilities request accommodations. This arrangement enables protected employees to perform their duties optimally. Accommodations may include tools, equipment or processes based on the individual’s disability and tasks. However, in some cases, an employer may dismiss an employee’s request for reasonable accommodation.

If you find yourself in a situation where you believe your employer has unlawfully rejected your request for reasonable accommodation, you may wonder what options are available. We have developed this guide to help you navigate how to request accommodation and what to do if your request is denied.

What Are Reasonable Accommodations in the Workplace?

Under the ADA, reasonable accommodation is a change in the environment, job or application process that accommodates a worker with disabilities. Accommodation is considered reasonable as long as it does not cause undue hardship for the employer. What qualifies as undue hardship varies among employers. However, it typically occurs when a change is too difficult or expensive for the employer to implement or when the change would fundamentally impact the nature of the business.

Whether a change is considered an undue hardship depends on several factors, including:

1. The employer’s financial resources
2. How the company operates
3. How an accommodation may affect the business’s financial resources and operations

What Are the Categories of Reasonable Accommodation?

Categories of reasonable accommodations that employers can make include:

• Equipment changes: Employees may request accommodations about their work equipment. An example is requesting software that magnifies a computer screen.
• Changes to the work environment: Employees can request changes to physical structures at the workplace. Examples include expanding a cubicle to accommodate a wheelchair, adding a ramp or installing an elevator.
• Communications made more accessible: Employees may request systems that streamline communication. Examples include offering training materials in Braille, hiring a sign language interpreter for company events and offering closed-captioning for presentations. Where an employee communicates better in writing than verbally, a supervisor may give written feedback.
• Redistribution of job duties: Depending on the nature of the job, employers may reserve some tasks for non-disabled coworkers. This accommodation usually applies to physically or mentally demanding responsibilities.
• Modifications to work schedules: An employer may modify a disabled employee’s schedule to accommodate their disability. For instance, the employer may allow employees to take more rest breaks or pause to attend to their health needs.
• Changes to policies: An employer may also accommodate employees by changing policies. For instance, they may allow workers with disabilities to bring service dogs to work. Another example is adjusting parking policies to enable disabled employees to park in the same area reserved for upper management.

This list is inexhaustive — the reasonable accommodations are limited only by the employer’s resources and your needs. The employer may request medical documentation from your health care provider to confirm whether accommodation is necessary, subject to exceptions.

Which Employers Must Provide Reasonable Accommodation?

Under the ADA, an employer with at least 15 employees typically must provide reasonable accommodations. Some local and state laws also require employers with fewer workers to provide individuals with reasonable accommodations. In Pennsylvania, for instance, the Pennsylvania Human Relations Act applies to employers with at least four employees.

How to Get Reasonable Accommodation

Usually, you must request accommodation to get one. You are not required to use special language like reasonable accommodations or references to the ADA. The primary requirement is to inform your employer you need a change in your work environment due to your medical condition. The employer may ask you to disclose your disability.

After making your request, your employer may choose to fulfill your request or work with you to find an alternative option that works for both of you. You may make a written or verbal request to your supervisor or HR department, but documented requests are ideal for evidentiary purposes. Make your language as clear as possible by stating that you are requesting a reasonable accommodation and have a right to do so under the ADA.

What Are the Employer’s Duties Under the ADA?

Employers have various responsibilities under the ADA, including the following:

• Consider novel accommodations: Companies must make reasonable accommodations for employees with disabilities. They also have an obligation to consider and investigate every possible accommodation available and implement practical solutions.
• Provide the appropriate documentation: If your request is denied, your employer may violate the ADA requirements due to a lack of documentation. Your employer should state a reason for denying your request, and if they do not, you may want to pursue litigation.
• Process the request immediately: Though there is no set time limit for providing reasonable accommodations, your employer should process your request as soon as you submit it. You may not be able to continue working successfully without the accommodation, so the process of implementing it should not be delayed.

If you have submitted your request in writing and your employer continues to ignore it or refuses reasonable accommodation, you may want to hire an attorney. You may have a case if you are a qualified disabled worker and your employer violates the ADA by refusing to make reasonable accommodations for you in the workplace.

Can an Employer Deny an ADA Accommodation Request?

Yes, employers may deny accommodation requests on justifiable grounds. The request must be reasonable within the meaning of the ADA to bind the employer. As mentioned earlier, an unreasonable accommodation imposes an undue hardship on the employer, the business or their finances. For example, if an employee requests a small business owner to install an elevator, which would cost more than the employer can afford, that request may be deemed unreasonable. In that instance, the employer may issue an ADA accommodation denial letter notifying the employee of their decision.

What if an Employer Cannot Accommodate Work Restrictions?

If your employer cannot meet the restrictions your medical practitioner recommends, they can work with you to find alternate solutions. The ADA requires you and the employer to engage in an interactive process. Remember, the employer can only deny the request for accommodation if it’s unreasonable. You may have legal recourse if the employer refuses or takes adverse action against you.

What to Do if an Employer Denies Reasonable Accommodation

What happens if you make a reasonable request for accommodation and your employer ignores it? Worse, what if your request is denied? Various options are available:

1. File an Internal Complaint

Try to resolve the matter internally before taking external action. Your employer may be unaware of the situation, especially if a supervisor denied the request. Also, sometimes, employers deny requests for reasonable accommodation but later change their minds. Finally, exhaust internal remedies. Mediation is usually the first stage in resolving such disputes. Bypassing established protocols within your organization may only delay the results.

2. File an External Complaint

If the employer denies your request and you cannot resolve the matter internally, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). The agency you file the complaint with will investigate and attempt an amicable solution with your employer. If that is unsuccessful, they may institute legal action on your behalf. Otherwise, they will issue a notice of right to sue, allowing you to commence legal action independently.

3. Commence Legal Action

You can take legal action against your employer after receiving the notice of the right to sue. The complaint must detail the relevant facts to establish the following elements:

1. You are a person with a disability.
2. You are or were an employee of the defendant.
3. You requested accommodation.
4. The request was reasonable.
5. The employer refused your request without justification.

Remember that reasonable accommodation is determined case-by-case, so you must provide sufficient evidence to support your claim. It’s also essential to include the remedies you seek in the complaint.

After hearing your argument and that of the defendant, the court will make an evaluation and pass judgment. If successful, the court may give the appropriate remedy, depending on the facts of the case. Examples include:

• Damages: Damages refer to the monetary awards the court orders to compensate the winning party for losses suffered. Damages may include lost wages and the cost of medical treatment if you incurred these expenses because your employer refused accommodations.
• Injunction: An injunction is an equitable remedy that compels a party to do or refrain from doing a particular act. For example, the court may order the employer to install a wheelchair ramp.
• Costs and attorney fees:  The court may award costs, such as filing and attorney fees, to help cover court and legal expenses. The amount may vary depending on the case.
• Civil penalties: Employers who violate the ADA may incur civil penalties. These penalties usually come in fines and can increase depending on the number of violations.

It’s best to consult an attorney when filing a complaint or instituting legal action. Attorneys can examine your case to determine whether you have a valid claim. They can also provide legal support to increase your chances of success.

Schedule a Free Consultation With Weisberg Cummings

Weisberg Cummings is a renowned law firm that provides legal support to persons with disability in Pennsylvania. We have over four decades of combined experience representing clients in employment-related matters.

We will dedicate time to learning as much as possible about your circumstances and goals and provide you with personal, thoughtful service. Has your employer denied you reasonable accommodation? Do you want to learn more about your rights? Do you need urgent legal support? Contact us today to schedule a free consultation with an attorney.