Under the Americans with Disabilities Act (ADA), employees have a right to request reasonable accommodations at their place of work. This right means that if you have a disability affecting your ability to do certain work functions, the employer is required to make accommodations to help you perform the task. Not all accommodation requests are approved, however. An exception could apply if the employer shows the accommodation would impose an “undue hardship” on business operations.
In these situations, then, denial of the accommodation could be justified. However, there are many situations where a reasonable accommodation request is denied without good reason. If your employer denied your accommodation request, an experienced employment lawyer can determine if the denial was legal or not. A workplace discrimination attorney in Phoenix, AZ, can help.
What is a Reasonable Accommodation?
A reasonable accommodation is a modification or adjustment applied to a work environment, job duties, or hiring process that allows those with disabilities to have equal opportunities. This means equal opportunity to either perform the job successfully or receive a job offer in the first place. Some examples of reasonable workplace accommodations might include:
- Sign language interpreters for the hearing impaired
- Modified work schedules to account for medical care and physical needs
- Wheelchair ramps and elevators
- Environmental supports and ergonomic work areas
- Flexible break times and work schedules
The idea behind workplace accommodations is not to give certain employees special treatment. It is to level the playing field for all employees so everybody has a chance to thrive and succeed.
When Can an Accommodation Request Be Denied?
Employers can deny accommodation requests when the request is deemed unreasonable and would create an undue hardship for the business. What is an “undue hardship,” and when does this apply to accommodation requests? There is no clear answer, and these are reviewed on a case-by-case basis. Generally, if an accommodation is excessively costly, causes disruptive changes to a business, or causes other damaging factors, the request could be seen as unreasonable.
Some examples of a reasonable accommodation being denied due to undue hardship can include:
- The accommodation would cost the business more than it can bring in, creating a net loss for the company;
- Business operations would be significantly disrupted or create an ongoing safety concern for others;
- The accommodation would change the nature of the business and its potential to deliver the same results for customers on an ongoing basis;
- The accommodation would be to the detriment of other employees at the company.
Whether or not an accommodation request denial is legitimate depends on the situation. There are certainly cases where a request would pose an undue hardship to the business. There are other cases where the denial is made for unrelated reasons that can be challenged.
What Should You Do If Your Request For a Reasonable Accommodation Is Denied?
If your request for a reasonable accommodation through an employer is denied, you need to remember your legal rights. You could have grounds for a complaint or appeal of the decision. Some options for you can include:
- Filing a Complaint Internally With Human Resources: Even if they deny your complaint and back up the employer’s decision, you’ll have a clear record of the situation and the basis for your complaint. This could serve as evidence in a future lawsuit.
- Filing a Complaint With The EEOC (Equal Employment Opportunity Commission): The EEOC handles complaints involving workplace discrimination, disability discrimination, hostile workplaces, and denials of reasonable accommodation requests. The organization will investigate the employer’s actions, file a claim on your behalf, or provide you with a “right to sue” letter. If you believe you were wrongfully rejected for a job based on a disability, the EEOC will investigate that complaint as well.
Contact the Phoenix Employment Attorneys at Houk Employment Attorneys Today For Help With Your Case
If you need reasonable workplace accommodations due to a disability, you deserve a fair decision from your employer. If you were denied the accommodation, your employer must be able to show a legitimate reason based on an undue hardship to their business. Our dedicated Arizona workplace discrimination attorneys at Houk Employment Attorneys will investigate your claim if you were treated unfairly based on a reasonable accommodation request.
For more information, contact an experienced Phoenix employment attorney to schedule an initial consultation today. Our employment law firm is conveniently located near you. We have an office in Phoenix, AZ.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
