What to Do if Your Employer Denied You Accommodation Request
You requested an accommodation request, and your employer refused to cooperate. What do you do? Here are some helpful tips on how to move forward.
Step 1: Ask your Employer
Learning about why the employer denied your accommodation request would help you determine whether you have any alternative options. One option is to email the employer and asks why. It may be useful to have a documented response to provide proof later when needed.
An employer may choose to deny an accommodation request made under The Americans with Disabilities Act (ADA.) For example, the employer could have denied the request because they lacked specific information on something you could provide. In cases like this, it is best to do your research and prepare the necessary documents to resolve the situation as soon as possible.
Related: Reasonable Accommodations for Pregnant Employees By State
Step 2: Appeal
If your employer denied the accommodation you requested but you believe the accommodation is reasonable or the reason given by your employer is unfair or invalid, it might be possible to appeal the accommodation decision. Some employers have an accommodation appeal process. For example, this process might include completing a form to be submitted to and reviewed by human resources or an accommodation appeals committee. Check your employee handbook or contact someone in human resources to see if the employer has a policy about this type of process.
If the employer doesn’t have a formal appeal process, you might want to email your manager and/or human resources requesting reconsideration of the decision.
Step 3: Seek Legal Services
Asking for specifics about why accommodation was denied or how to appeal an accommodation denial can also help your situation. Thus you might benefit from legal support to resolve the situation. Consider reaching out to your state protection and advocacy agency for this assistance since state agencies have the authority to provide legal services to individuals with disabilities both under federal and state laws. Use this state protection and advocacy directory to search for contact information for the agency in your state.
Related: Reasonable Accommodation in CA: Accessibility at Work
Step 4: If still not satisfied, consider filing a complaint
If you’re not satisfied with the employer’s response to your request for accommodation and no resolution has been achieved by working with the employer directly through an appeal process, the final option for resolving the matter is to file a formal complaint under the ADA. Individuals working for covered entities under Title I of the ADA may file a formal complaint with the federal agency that enforces the ADA – the Equal Employment Opportunity Commission (EEOC). A charge can be filed electronically through the EEOC Public Portal after submitting an online inquiry to the agency. You can contact your nearest EEOC office.
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