I Was Denied a Disability Accommodation: Now What?

Title I of the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with disabilities in most circumstances. Reasonable accommodations can be requested in relation to a hiring practice while the disabled person is a job applicant, or in the work environment for a disabled employee. There are only limited circumstances in which an employer is permitted to deny a request for a reasonable accommodation. If you requested a reasonable accommodation due to a disability in the hiring process, in the work environment, or with regard to employment benefits, it is essential to discuss your case with a Palm Beach Gardens disability discrimination attorney who can help.

In the meantime, we can provide you with more information about steps to consider if you requested a reasonable accommodation under the ADA and you were denied.

Is Your Employer Covered by the ADA? 

First, it is important to understand how coverage works. State and federal laws that protect employees against discrimination — including disability discrimination — do not apply to some very small employers. The ADA applies to employers with 15 or more employees.

If you work for a very small employer with only a couple of employees, this does not mean that you do not have any options for obtaining a reasonable accommodation based on a disability. A lawyer can discuss potential options or strategies with you if you work for an employer with fewer than 15 employees.

Were You Offered an Accommodation Different from What You Specifically Requested? 

You should know that the ADA does not require employers to provide employees, necessarily, with the specific accommodation they have requested. Rather, under the ADA, there is an assumption that there will be an informal dialogue between the employer and the disabled employee about what the employee needs, and to consider what kinds of accommodations could meet the needs of the employee.

The US Equal Employment Opportunity Commission (EEOC) is clear that an “employer may choose among reasonable accommodations as long as the chosen accommodation is effective.” In other words, if the offered accommodation removes the workplace barriers impacting the employee but the accommodation is not the specific one requested by the employee, the employer is in compliance with the ADA.

Would the Reasonable Accommodation Create an Undue Hardship for the Employer? 

If a covered employer does not provide a reasonable accommodation that would remove the workplace barriers for the employee, the only lawful exception is if the employer can prove that providing a reasonable accommodation would create an undue hardship for the employer. An undue hardship cannot relate to employee or customer or client prejudices or fears, as the EEOC explains. Rather, an undue hardship refers to a financial difficulty for the employer or required action that would be “unduly extensive or disruptive,” or that “would fundamentally alter the nature or operation of the business.”

If an employer cannot prove an undue hardship, you may be able to file a disability discrimination claim.

Contact a Palm Beach Gardens Disability Discrimination Lawyer 

If you were denied a request for a reasonable accommodation in your workplace, the most important step is getting in touch with a lawyer as quickly as possible. Our experienced Palm Beach Gardens disability discrimination attorneys at Sconzo Law Office are here to assist you. Contact us today to find out more about filing a disability discrimination claim.

Source:

dol.gov/agencies/odep/program-areas/employers/accommodations