What to do if your employer refuses your request for accommodations

What to do if your employer refuses your request for accommodations

Workplace accommodations allow employees with disabilities to perform their jobs effectively and safely. These modifications not only create a more inclusive work environment but are also protected by law. If your employer refuses to provide reasonable accommodations, it is crucial to understand your legal rights and the steps you can take to address the situation. At the Law Office of Jeannette A. Vaccaro, we are deeply committed to protecting the rights of employees facing such challenges. Here’s what you need to know if your employer denies your accommodation request.

When Are Employers Legally Obligated to Provide Accommodations?

Under the Americans with Disabilities Act (ADA), employers are legally required to provide reasonable accommodations to qualified employees with disabilities unless doing so would cause “undue hardship.” The ADA covers employers with 15 or more employees. California’s Fair Employment and Housing Act (FEHA) offers even broader protections, applying to employers with five or more employees.

A “reasonable accommodation” can include changes such as modifying work schedules, reassigning duties or providing necessary equipment to help an employee perform essential job functions. Employers must also engage in an “interactive process” with employees to explore potential accommodations. If your employer refuses to comply or denies your request without adequate explanation, they may be violating federal or state law.

Steps to Take if Your Employer Refuses Accommodations

If you find yourself in this situation, you don’t have to face it alone. Here are the critical steps to protect your rights and address the issue:

1. Document the Accommodation Request

Start by keeping a detailed record of your accommodation request and any communication with your employer. Submit your request in writing and retain emails, letters or meeting notes. If your employer denies your request, ask for an official written explanation. This documentation will strengthen your case and serve as evidence if legal action becomes necessary.

2. Understand Your Legal Rights

Familiarize yourself with your rights under the ADA and FEHA. These laws are in place to protect employees from discrimination based on disability. Understanding the legal obligations of your employer will empower you to recognize when those rights are being violated.

For example, your employer must have a valid reason for denial, such as proving that the requested accommodation poses an undue hardship. Otherwise, the refusal may amount to workplace discrimination.

3. Consult an Employment Lawyer

Seeking the advice of an experienced employment attorney is a crucial step. A legal professional can evaluate your situation, clarify whether your employer’s actions violate the law and guide you through the next steps. An attorney can also communicate with your employer on your behalf and advocate for a resolution. If necessary, they will help you draft a stronger accommodation request or prepare for legal action.

4. File a Claim with the EEOC or California’s Civil Rights Department

If informal measures don’t resolve the issue, you may need to escalate the matter. File a claim with the Equal Employment Opportunity Commission (EEOC) or California’s Civil Rights Department (CRD). These agencies will investigate your case, possibly mediate and issue a right-to-sue letter if further action is warranted.

5. Consider Filing a Lawsuit

With the support of an employment attorney, you can file a discrimination lawsuit against your employer if they refuse to comply with the law. A successful lawsuit can recover damages such as back pay, emotional distress and attorneys’ fees and may result in the accommodations you need being implemented.

Contact an Attorney for a Consultation

If your request for reasonable workplace accommodations was denied, an attorney can help. Taking the right steps when faced with this situation allows you to protect your rights in the face of discrimination. At the Law Office of Jeannette A. Vaccaro, we fight for employees like you, providing compassionate, informed and vigorous representation. Contact us today to discuss your case.