Facing a denial of a reasonable accommodation in the workplace can be disheartening and challenging. However, it’s crucial to know that there are steps you can take to address this issue. Employers are legally required to make reasonable accommodations for employees with disabilities, and failure to do so can constitute discrimination.
Here’s a guide on how to proceed if your employer denies your request for a reasonable accommodation. Contact PLBH at (800) 435-7542 if you require a free legal consultation with a discrimination attorney.
Seeking an Explanation for the Denial
The initial step after a denied accommodation request is to ask your employer for an explanation. While they are not obligated to provide one, requesting it in writing can help create a paper trail for your case. An employer’s response, or lack thereof, can serve as evidence if the matter escalates.
Consulting an Employment Lawyer
Consulting with an employment attorney is a crucial step. An experienced lawyer can help determine the validity of your case and guide you on the best course of action. An attorney-client relationship with a reputable law firm like PLBH ensures informed decision-making and shows your employer that you are serious about defending your rights.
Filing a Claim with the EEOC or State Labor Board
If direct communication and legal consultation do not yield results, the next step is to file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor board. These agencies enforce anti-discrimination laws and can investigate your claim, mediate, and even issue findings that can lead to further legal action.
Pursuing a Lawsuit Against Your Employer
After exhausting administrative remedies, including obtaining a right-to-sue letter, you can file a lawsuit against your employer for disability discrimination. Success in such a lawsuit can recover lost wages, attorneys’ fees, court costs, and potentially result in being granted the accommodation you initially requested.
Understanding ADA Coverage and Employer Obligations
It’s important to know if your employer falls under the ADA’s coverage, which applies to employers with 15 or more employees. If the ADA does not cover your employer, state laws might still protect you. Additionally, understanding the legal grounds on which an employer can deny an accommodation request is vital. An accommodation that causes undue hardship to the employer is not mandated by law.
Identifying Reasonable Accommodations and Defining Disability
Knowing what constitutes a reasonable accommodation and what is legally defined as a disability can strengthen your case. Accommodations may include physical workspace adjustments, modified schedules, reassignments, or support services, among others. A disability, as defined by the ADA, includes mental and physical impairments that substantially limit major life activities.
Dealing with a denied accommodation request can be a complex process, but understanding your rights and the legal steps available to you is essential. Whether through direct communication, legal consultation, or formal complaints and lawsuits, you have options to ensure your rights are upheld. For expert legal assistance and guidance in navigating these challenges, contact PLBH at (800) 435-7542 for a comprehensive evaluation of your case.