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.
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:
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.
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 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:
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.
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.
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