We Fight For Employee Rights

How workers can respond to refused accommodation requests

On Behalf of | Jun 10, 2024 | Disabilities

The Americans with Disabilities Act (ADA) applies to most workplaces where companies have at least 15 employees. The ADA enshrines the right of employees to request reasonable accommodations for concerning medical conditions.

Any issue that affects someone’s work performance could potentially be eligible for reasonable accommodations regardless of whether the issue began because of someone’s employment or not. Workers who request accommodations don’t always receive the support that they anticipate from their employers.

What can workers do when they do not get the help they require to perform their jobs?

Document the experience carefully

One of the first steps of worker needs to take after a denied accommodation request is to verify that they followed the right protocol. Submitting the request in writing is often necessary. Workers then need to keep records of their communications so that they can prove the company did not abide by the ADA. Sometimes, simply asking for a supervisor or human resources professional to include a refusal to accommodate a worker in writing can prompt a change in response.

Work as well as possible

Provided that it is safe to do so, employees may need to continue struggling through their daily responsibilities to the best of their abilities. They can then keep records of how the work environment affects their symptoms or vice versa. Thorough records can help a worker prove to the company that they do need support in order to do their job as well as possible. They can also connect any decline in job performance that the company may try to punish them for to the business’s refusal to accommodate their condition.

Discuss the issue with a lawyer

If a company has remained consistent in its refusal to support a worker with a medical condition, that employee may need to take assertive action. A lawyer can help someone understand if they have followed the right procedures and can communicate with the business about the severity of the issue. They can also handle all necessary elements of disability discrimination lawsuits, including filing appropriate paperwork.

Workers who request but do not receive accommodations might be at risk of losing their jobs, and having a lawyer on standby could help them fight back against what could be a discriminatory or retaliatory firing depending on the circumstances. Being able to recognize denied accommodations as a potential form of discrimination can help people more effectively assert themselves.