Employees with disabilities have the right to reasonable workplace accommodations under the Americans with Disabilities Act (ADA) and state laws. Unfortunately, some employers fail to provide accommodations, retaliate against employees who request them, or create a hostile work environment. If you have experienced workplace discrimination due to a disability, filing a legal claim may be necessary to protect your rights.
One of the most important factors in a disability discrimination claim is how your employer responded to your request for accommodations. Proper documentation of these requests can significantly impact the success of your case.
Understanding Workplace Accommodations
Workplace accommodations are adjustments or modifications that enable employees with disabilities to perform their job duties effectively. Employers are legally required to provide reasonable accommodations unless doing so would cause undue hardship to the business.
Examples of Reasonable Accommodations
- Adjusted work schedules or remote work options
- Modifications to the workplace, such as wheelchair-accessible workstations
- Assistive technology, such as screen readers or voice recognition software
- Reassignment to a vacant position if the current job is not suitable
- Additional breaks or modified duties to reduce strain on a disability-related condition
If your employer denies a reasonable request for accommodation, it may be evidence of discrimination.
How to Request Workplace Accommodations
Employees should formally request accommodations as soon as they recognize a need. The request process typically includes:
- Notifying a supervisor, human resources, or the designated accommodations officer
- Providing documentation of the disability if required
- Suggesting reasonable accommodations that would allow for job performance
- Engaging in an interactive process with the employer to discuss solutions
Employers are required to participate in a good-faith interactive process, meaning they must consider the request and explore possible solutions.
How Workplace Accommodations Impact a Disability Discrimination Claim
If an employer refuses to accommodate a disability or retaliates against an employee for making a request, the case may qualify as disability discrimination. The way an employer handles the accommodation request process can provide evidence to support a legal claim.
Key Evidence That Strengthens a Claim
- Written requests for accommodations – Email or letter records of accommodation requests show that the employer was aware of the need.
- Employer responses – Any refusal, delay, or failure to engage in the interactive process can be used as evidence.
- Performance evaluations – If an employer claims an employee’s performance suffered due to their disability but failed to provide reasonable accommodations, this may support the claim.
- Witness statements – Testimony from coworkers or supervisors who observed the employer’s refusal or discriminatory actions can be valuable.
- Medical documentation – A doctor’s note confirming the need for accommodations can further establish the legitimacy of the request.
Common Employer Defenses and How to Challenge Them
Employers may try to justify the denial of accommodations or discrimination by citing certain defenses. Knowing how to counter these claims can improve the chances of success in a legal case.
Common Defenses Employers Use
- The requested accommodation creates an undue hardship – Employers may argue that the accommodation is too costly or difficult to implement.
- The employee can still perform essential job functions without accommodations – This claim may be used to deny accommodations that are actually necessary.
- The employee never formally requested accommodations – Without written evidence, an employer may argue they were unaware of the need.
- The employee was terminated or disciplined for reasons unrelated to their disability – Some employers attempt to disguise discrimination by citing unrelated performance issues.
How to Challenge These Defenses
- Provide documentation proving that the accommodation request was made and reasonable.
- Show evidence that similar accommodations were provided to other employees.
- Demonstrate that the employer failed to engage in a meaningful interactive process.
- Collect medical records confirming the necessity of accommodations.
Steps to Take if You Experience Disability Discrimination
If your employer denies your accommodations or discriminates against you based on your disability, you have legal options to protect your rights.
- Keep records – Save all communications regarding your request, responses from your employer, and any incidents of discrimination.
- File an internal complaint – If your company has a human resources department or an internal complaint process, file a report.
- Seek legal advice – An employment attorney can assess your case and help gather additional evidence.
- File a formal complaint – You may be able to file a discrimination claim with the Equal Employment Opportunity Commission (EEOC) or state agencies.
- Pursue legal action if necessary – If internal and administrative remedies do not resolve the issue, a lawsuit may be the next step.
Get Legal Help for Your Disability Discrimination Case
Disability discrimination cases can be complex, and employers often try to avoid accountability. If your employer has denied reasonable accommodations or retaliated against you for requesting them, you may be entitled to legal recourse. Contact PLBH at (800) 435-7542 to discuss your case and protect your rights in the workplace.