By Weisberg Cummings, P.C. on May 11th, 2021
Employers must make reasonable accommodations for employees with disabilities as required by the Americans with Disabilities Act (ADA). Reasonable accommodations can allow individuals with disabilities to perform their job duties. Accommodations may include tools, equipment or processes based on the individual’s disability and job tasks. However, in some cases, an employer may turn down an employee’s request for reasonable accommodation.
If you find yourself in a situation where you believe your employer has rejected your request for reasonable accommodation, you may be wondering what options are available to you. At Weisberg Cummings, P.C., 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?
According to the Americans with Disabilities Act, reasonable accommodation is a change in the environment, job or application process that accommodates the worker with disabilities. An accommodation is considered reasonable as long as it does not cause undue hardship for the employer.
What qualifies as undue hardship varies from employer to employer, but 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 the employer’s financial resources, how the company operates and how an accommodation may affect the business’s financial resources and operations. Categories of reasonable accommodations that employers can make include:
- Equipment changes: Employees may also make requests for accommodations regarding their equipment used at work, such as software that magnifies a computer screen.
- Changes to the work environment: These accommodations can include making a cubicle bigger to accommodate a wheelchair, adding a ramp or installing an elevator.
- Communications made more accessible: These accommodations may include offering training materials in Braille, hiring a sign language interpreter for company events and offering closed-captioning for presentations. Additionally, if an employee communicates better via written materials than verbally, a supervisor may give this employee feedback in writing.
- Redistribution of job duties: With these accommodations, able-bodied co-workers may take on some tasks of the disabled employee’s job, while the disabled employee takes on other tasks they can perform.
- Modifications to work schedules: An employer may modify a disabled employee’s schedule to accommodate his or her disability.
- Changes to policies: An employer may also make accommodations for an employee by changing policies, such as allowing workers with disabilities to bring service dogs to work with them or adjusting parking policies to allow disabled employees to park in the same area reserved for upper management.
This is not a comprehensive list of categories, and the reasonable accommodations your employer can make for you are limited only by your employer’s resources and your needs. If your disability is not obvious to your employer, they may request medical documentation from your health care provider for confirmation of the need for workplace accommodation.
Under the ADA, an employer with at least 15 employees typically must provide reasonable accommodations. Some local and state laws also require that an employer with fewer workers provide individuals with reasonable accommodations. In Pennsylvania, for instance, the Pennsylvania Human Relations Act applies to employers with at least 4 employees.
Requesting an Accommodation
To get an accommodation at work, you must first request one. When you request an accommodation, you will be required to disclose your disability. You do not need to use special language like “reasonable accommodations” or references to the ADA or put this request in writing. All that is required of you when making an ADA request for accommodation is that you inform your employer you require a change in your work environment due to your medical condition.
After making your request for an accommodation, your employer may choose to fulfill your request or work with you to find an alternative option that can work for both of you. You may choose to submit your request in writing to both your supervisor and your company’s HR department. Make your language as clear as possible by stating that you are requesting a reasonable accommodation and you have a right to do so under the ADA.
What to Do If Your Request Is Denied or Ignored
What happens if you make your request for accommodation and your employer ignores it? Worse, what if your request is denied? Though the law does not require you to submit your request in writing, doing so may help you ensure your company understands what you are requesting. Submitting a request in writing also gives you a paper trail if you need one later on. When submitting a request to your employer, keep in mind what their obligations and responsibilities are regarding possible accommodations:
- Employers must consider novel accommodations: Companies have an obligation to make sure that reasonable accommodation is made for employees with disabilities. They also have an obligation to consider accommodations and investigate every possible accommodation available or which could be implemented in the company.
- Employers must provide the appropriate documentation: If your request is denied, your employer may be violating 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.
- Employers must process the request immediately: Though there is not a set time limit for providing reasonable accommodations, your request should be processed as soon as you submit it to your employer. You may not have the ability to keep working successfully without the accommodation, so the process of implementing it should not be delayed.
If you have submitted your request in writing and it is still ignored or your employer 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.
Schedule a Free Consultation With Weisberg Cummings, P.C.
At Weisberg Cummings, P.C., our employment lawyers assist injured individuals in Pennsylvania and their families. With more than four decades of combined experience in representing our clients in a range of legal matters, we can assure you your case will be efficiently handled. We represent clients in a wide range of employment matters, including:
We will dedicate time to learning as much as possible about your circumstances and goals and provide you with personal, thoughtful service. If you believe your employer denied reasonable accommodation for you, contact us at Weisberg Cummings, P.C. today to schedule a free consultation with an attorney.