Your Employer Denied Your Request for ADA Accommodations. Now What?

Know Your Rights in the Workplace

Under the Americans with Disabilities Act (ADA), employers are supposed to make reasonable accommodations to help employees with disabilities in the workplace.

Employers must make these accommodations as long as they are not an undue burden. And the accommodation can be anything, as long as it works for the employer and employee. It is, however, unfortunately not unusual for employers to deny a request for accommodation.

So what do you do if your request was denied? First, it’s important to understand how this law works, who qualifies, and when your employer is and isn’t allowed to deny a request.

What Qualifies as a Disability Under the ADA?

According to the law, a disability is any mental or physical condition that substantially limits you on a daily basis.

What Is a Reasonable Accommodation?  

A reasonable accommodation under the ADA can be any adjustment to your job duties, work environment, or hiring process that accommodates your condition. These can include:

• Modifications to your workstation.
• Aids such as screen readers or braille signage for the visually impaired.
• Redesigned job duties to better suit your abilities.
• An adjusted schedule to allow you to go to doctors’ appointments.
• Changes to the work environment, such as a wheelchair ramp or elevator.

This is by no means an exhaustive list. A reasonable accommodation can be anything that works for both employer and employee.

Under What Circumstances Can Your Employer Deny a Reasonable Accommodation?

Under the law, your employer is allowed to deny a reasonable accommodation request that would place an undue burden on them.

What constitutes an “undue burden” may be different for every employer, but the basic definition is that the request is too expensive or difficult to implement in the workplace, or it would negatively affect the way the business operates.

If your employer refuses your request, their reasoning must be thoroughly documented. When employers wind up in court for denying reasonable accommodation requests, they are usually required to show how the accommodation would present an undue burden.

Cost alone is often not sufficient to prove that the burden is undue, although it may be a factor.

What To Do if Your Employer Refuses Your Request for Reasonable Accommodations

If your request has been denied, you should speak to a knowledgeable employment attorney.

Your attorney can evaluate the facts, conduct an investigation, and determine the scope of your employer’s rule-breaking behavior. They can help you navigate the process of gaining restitution, which may include:

• Having your job restored, with back pay and interest.
• Compensation for lost wages and benefits.
• Damages for emotional distress and other intangible harms.
• Attorney’s fees and other courtroom expenses.

Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today.

The information provided here does not constitute legal advice. It is intended for general purposes only. If you have questions about a specific legal issue, you should speak to an attorney.