A disability should not prevent a qualified employee from succeeding at work. Sometimes, a small change to a job or workplace can help an employee complete essential duties. These changes are known as reasonable accommodations.
Federal disability rights law protects many workers and requires covered businesses to consider certain requests for help at work. However, not every request must be approved, and the answer depends on the facts of each situation.
What is a reasonable accommodation?
A reasonable accommodation is a change that helps a qualified worker do their job despite a disability. It may remove a barrier at work and give the person a fair chance to succeed.
Depending on the employee’s needs, an accommodation may involve:
- A modified work schedule
- Assistive technology or specialized equipment
- Changes to workplace procedures
- Leave or schedule changes for disability-related treatment
- Adjustments to certain workplace policies
- Reassignment to a vacant position when appropriate
The appropriate solution depends on the employee’s limitations, job responsibilities and available options. Employers and employees may discuss different accommodations to identify an effective arrangement.
When may a business refuse a request?
A business may refuse a workplace accommodation in some situations, including when the change would create an undue hardship. This means the request would cause significant difficulty or expense for the business.
To decide whether a request creates this burden, the business may review its size, financial resources, the cost of the change and its effect on daily work.
A business does not have to eliminate an essential job function or lower legitimate quality or production standards. However, it should review the request and consider whether another effective accommodation could meet the worker’s needs.
What can you do after a denial?
A refusal does not always mean the business broke the law. The details matter, so workers should keep records of their requests, the replies they receive and any discussions about other options.
Medical records may also help explain the need for workplace accommodation. Keep documents that relate to the request and the job.
You may have a legal claim if the business refused to consider a reasonable accommodation or treated you unfairly because of your disability. You can contact the Equal Employment Opportunity Commission (EEOC), which handles many complaints about disability discrimination.
An employment law attorney can review your situation and explain your rights.
Protect your rights at work
A disability accommodation dispute can affect your ability to work and your financial security. Understanding your rights early can help you make informed decisions.
If you believe your employer denied a reasonable accommodation unfairly, an employment law attorney can review the circumstances and explain your legal options.
