When Your Employer Ignores Your Request for a Disability Accommodation
Introduction
For many employees, asking for help at work is not easy. You may have a medical condition that affects how long you can stand, how often you need breaks, whether you can safely commute, or whether you need time away for treatment. You may know exactly what would help you keep doing your job, but you may still be nervous about saying the words: “I need an accommodation.”
The Americans with Disabilities Act, Generally
Under the Americans with Disabilities Act, covered employers generally must provide reasonable accommodations to qualified employees with disabilities unless doing so would cause an undue hardship. An accommodation can include modified schedules, job restructuring, accessible equipment, telework, leave for disability-related treatment, reassignment to a vacant position, or other changes that allow an employee to perform the essential functions of the job.
Requesting a Reasonable Accommodation
The law does not require magic words. An employee does not always have to say “ADA” or “reasonable accommodation” to start the process. If the employer knows, or should understand, that the employee is asking for a workplace change because of a medical condition, the employer should engage in an interactive process. That means the employer should communicate in good faith, ask only appropriate questions, consider effective options, and avoid blanket denials.
Failure to Engage in the Interactive Process, Failure to Grant a Reasonable Accommodation
Unfortunately, some employers mishandle accommodation requests. They ignore emails. They delay for weeks or months. They demand unnecessary medical records. They tell the employee to “figure it out.” They deny the request without explaining why. In some cases, they approve an accommodation on paper but punish the employee for using it.
If this is happening to you, documentation matters. Keep copies of your requests, doctor’s notes, emails, text messages, schedules, write-ups, and any response from human resources or management. Write down dates, names, and what was said. If your employer suddenly changes your duties, disciplines you, cuts your hours, or terminates you after you ask for help, that timeline may be important.
Employees with disabilities deserve the opportunity to work safely, productively, and with dignity. If your employer ignored, denied, or punished your request for a disability accommodation, you may have legal options.
The Law Office of Sheri Oluyemi, LLC helps professionals understand their workplace rights and pursue solutions when employers fail to follow federal, state, or local employment laws. Contact our office to schedule a consultation about your disability accommodation concerns.
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