What should I do if I’m denied a reasonable accommodation at work?

interior view of office space

When you submit a request for a reasonable accommodation at work due to a disability you have, the last thing you expect is for it to be denied. Unfortunately, these matters do happen, and understanding what to do and what your legal options are is critical. The following blog explores more about these accommodations, what steps to take if you are denied, and why working with a Pennsylvania employee rights lawyer is critical to ensuring you are represented during this complicated legal matter.

What is a reasonable accommodation?

If you have a disability, under Title I of the Americans with Disabilities Act (ADA) you are legally within your right to request a modification or accommodation to help you do the essential functions of your job effectively. An accommodation is considered reasonable if it does not put others at risk of harm or create undue hardship for others.

Generally, an essential function of a job is considered anything that is fundamental to the position or a position that specifically exists to perform certain tasks. As such, the following are considered reasonable accommodations for those with a disability to request from their employers:

  • Purchasing additional equipment, like a larger screen or audio aids
  • Providing accessible parking
  • Allowing for a more flexible working schedule
  • Authorizing service animals
  • Providing additional materials or software
  • Making changes to improve accessibility in the workplace

What can I do if my employer denies my request?

If your employer has denied a reasonable accommodation, you may feel confused and hurt by this decision. However, it’s important to remain objective and take the necessary steps to understand your legal options.

The first thing you should do if your accommodation is denied is speak with your employer. They can provide more insight as to why the accommodation was denied. This allows you to have a conversation about the nature of the accommodations, so they can better understand the purpose. You can also choose to file a formal appeal for the decision with your employer through human resources or file a complaint through the state’s Human Relations Act.

In the event the conversation with your employer does not change their decision, you should start considering legal action. Because this process can be incredibly complicated, it’s in your best interest to connect with an experienced employee defense attorney. Not only can they help you fight to have your reasonable accommodation implemented, but having an attorney can also help in the event your employer retaliates against you as a result.

When you just want to go to work, do your job, and go home, but cannot due to the decisions of your employer, it can be devastating. However, you should not have to suffer because your employer does not want to accommodate you. As such, it’s in your best interest to connect with an experienced attorney from Friedman Schuman Layser who can help you navigate these matters. We believe that no one should be denied a reasonable accommodation to make a living. That’s why we are committed to fighting for you. Contact us today to learn how we can help.

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