Can My Employer Change or Remove My Accommodation?
If you requested a reasonable accommodation because of a disability in the job application process or from your current employer and received the accommodation, can your employer modify or remove the accommodation later on? Under Title I of the Americans with Disability Act (ADA), job applicants and employees who work for covered employers can request and must receive a reasonable accommodation if they have a disability unless the employer can prove that providing a reasonable accommodation would cause undue hardship. The burden of proving an undue hardship is on the employer, and it is usually difficult for an employer to prove. As such, employers typically must provide a reasonable accommodation when a job applicant or employee has a disability.
But what does the ADA say about modifying or removing an existing accommodation? If your employer recently changed or has attempted to remove your accommodation, it is important to understand your rights under the ADA.
When an Employer May Be Able to Modify or Remove an Accommodation
Generally speaking, there are a handful of circumstances in which an employer may be able to lawfully modify or remove an accommodation provided under the ADA. First, if the employee requests a modification based on medical documentation, the employer can of course make the modification. Likewise, if an employee indicates to the employer that they no longer require an accommodation, the employer can remove the accommodation. However, an employer’s ability to modify or remove an accommodation when an employee still wants and needs that particular accommodation is more complicated.
An employer may be able to modify an existing accommodation, or remove an accommodation, if they can meet the burden of proving that the accommodation now causes them an undue hardship. Depending on your circumstances, you may be able to work with your lawyer to show that the accommodation has not caused undue hardship, as the employer alleges, or that a modification rather than a removal of the accommodation altogether would prevent the employer from experiencing undue hardship.
Disability Discrimination Coverage in Florida
The Florida Civil Rights Act (FCRA) and the ADA both prohibit disability discrimination in Florida employment contexts, and both cover employers with 15 or more employees. The ADA specifically requires covered employers to provide a reasonable accommodation for a job applicant or employee with a disability when the job applicant or employee makes a request for a reasonable accommodation unless the employer can prove undue hardship.
Even if your employer is not covered by the ADA, you may have other options for obtaining a reasonable accommodation in your workplace due to your disability. It is important to seek advice from a lawyer.
Contact a Palm Beach Gardens Disability Discrimination Lawyer
If you have any questions or concerns about disability discrimination in your job application process or employment, it is important to seek legal advice as soon as you can. One of the experienced Palm Beach Gardens disability discrimination lawyers at Sconzo Law Office can discuss your case with you today. We can help you to determine whether you may be eligible to file a disability discrimination claim under the Florida Civil Rights Act or the federal Americans with Disabilities Act, and we can assist you with any ADA claim related to your accommodation. Contact us today to learn more about how we can assist you.
Source:
dol.gov/agencies/odep/program-areas/employers/accommodations
