
If your request for a reasonable accommodation for your disability was denied your rights may have been violated. However, you have several options to rectify the situation. Speak with an Atlanta disability discrimination attorney to learn more about your legal rights and options.
What is a Reasonable Accommodation?
A reasonable accommodation in the workplace is generally any change in the work environment or function of a job that allows an applicant or employee with a disability to have more equal standing in the workplace. Reasonable accommodations cannot cause undue hardship on the employer. There are three types of modifications under the umbrella of “reasonable accommodations.”
- Modifications to the application process to allow a qualified applicant with disabilities to be considered for the role
- Modifications to the work environment or the manner of the role to allow a qualified individual with disabilities to perform the essential functions of the job
- Modifications to allow an employee with disabilities to enjoy equal benefits and opportunities of employment as any other individual
Are Reasonable Accommodations Federally Protected?
Yes, reasonable accommodations for valid disabilities are federally protected rights. Under Title I of the ADA (Americans with Disabilities Act) employers are required to provide reasonable accommodations to qualified individuals. The EEOC (Equal Employment Opportunity Commission) enforces this act.
What Can I Do if I’m Denied Reasonable Accommodation for a Disability?
If your employer denies your request for a reasonable accommodation for your disability there are certain steps you should take. It is important to keep in mind that employers are permitted to deny certain accommodation requests if they can offer appropriate alternatives or if fulfilling the request would cause undue hardship.
However, if your accommodation is within reasonable limits and no alternative was suggested then your rights may have been violated. Consider the following.
- Keep a detailed record of the situation. Make copies of any written communication and note in-person conversations as well including your request for the accommodation, your employer’s response, and any other relevant information.
- You may wish to submit another request before taking further action. Consider having another conversation with your employer to explain your request in case there was a miscommunication or offer an alternative that may work.
- Submit a complaint internally. Although the HR department will likely work to protect the company’s interests, it can be beneficial to file a report and have an investigation launched, if only so there is a paper trail of your attempts to sort out the matter.
- File a complaint with the EEOC. Denying your request without just cause can be considered discriminatory. The EEOC can investigate your employer and file a claim on your behalf.
- Consult with an employment attorney. You may also wish to take legal action against your employer depending on the circumstances of the situation. Speak with a lawyer to learn more about your rights and options. They can help you determine if you have a case and what to do moving forward.