Your Employer Denied Your Reasonable Accommodation Request. Now What? 7 Steps You Can Take to Achieve a Better Resolution
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If you’ve already made a reasonable accommodation request from your employer, then good work! It’s tough to even have the guts to speak up about what you need (I speak from experience).
Ideally, your employer will approve your request outright, however, there is a chance that they may deny it. The law compels your employer to approve your request, assuming it follows ADA guidelines.
However, your employer may deny your request for one of the following reasons:
- They have fewer than 15 employees and/or can prove the request causes an undue hardship
- They are unfamiliar with ADA laws
- Your request has nothing to do with a disability
Whether you’ve already made your request, or you’re preparing for what could happen if your request is denied, this article will give you 7 steps you can use to achieve a better resolution if your reasonable accommodation request is denied.
Introduction to Your Disability Rights
The Americans with Disabilities Act (ADA) prohibits discrimination in every aspect of life, including the workplace. It provides people with disabilities equal access to the same opportunities.
If you have a legal disability, then you have the right to request a reasonable accommodation. You can start your request as early as the hiring process, or through any time you are employed.
For instance, if you have vision issues then you can request additional support to submit your application. You might also request telework to better accommodate your disability.
If you’re wondering how to make your reasonable accommodation request, then I encourage you to read the following article:
Otherwise, keep reading on to learn what steps you can take if your employer has denied your reasonable accommodation request.
7 Steps to Take if Your Reasonable Accommodation Request is Denied
If your employer denies your reasonable accommodation request, you may be feeling frustrated and misunderstood, and for very good reason.
Sometimes it’s hard just to ask for what you need, so if your request is denied you may be feeling invalidated. However, the law is on your side, and you have several options.
Here are 7 steps you can take to achieve a better resolution.
Step 1: Ask your employer why your request was denied.
The first step you should take is to ask your employer why your request was denied.
Your employer (or potential employer) must provide you with a written explanation of the reasons for the denial. The explanation must be specific, explaining clearly why the accommodation would cause them undue hardship.
Step 2: Offer and/or request an alternative accommodation.
Once you have received your employer’s explanation, you can offer alternative accommodation options, or ask for them to suggest an alternative.
When offering an alternative accommodation, you’ll want to be specific and provide evidence that the accommodation would be effective.
Step 3: Ask your employer if they need more information related to your disability and your specific request.
If your employer denies your request because they need more information about your disability or your specific request, you should provide the information they need.
If your employer hasn’t yet explained what they need to know, ask your employer if they need any other information, and if so what.
Your employer will quite likely ask for proof of your disability, so be prepared to supply a note from your doctor or provide another source of proof.
Also, be clear and concise about your disability and the reasons for your request.
Step 4: Ask JAN for help exploring alternative accommodation.
The Job Accommodation Network (JAN) is a great resource for people with disabilities who are seeking a reasonable accommodation.
JAN can provide you with information about different types of accommodation and can help you explore alternative accommodation options.
Step 5: Begin a formal appeal process with your employer.
If you are not satisfied with the employer’s decision, you can begin a formal appeal process. The appeal process will vary depending on the employer. However, in general, you will need to submit a written appeal to the employer.
The appeal should include a statement of your reasons for disagreeing with the employer’s decision and a request for a re-evaluation of your request.
Step 6: Reach out to advocacy agencies for support.
If you are still not satisfied with your employer’s decision, you can reach out to advocacy agencies for support.
The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces the Americans with Disabilities Act (ADA). The EEOC can provide you with information about your rights and can help you file a discrimination complaint if needed.
Depending on where you live, you may have access to a state-level advocacy agency as well, so explore what other options may be available to you.
Step 7: Seek alternative employment options.
If you are unable to resolve the issue with your employer, you may need to seek alternative employment options.
Many employers are willing to provide reasonable accommodations to qualified employees with disabilities, so don’t despair if you’re unable to reach a resolution with your existing employer.
If all else fails, you can seek legal representation. A lawyer can provide you with more information about your legal rights and can pursue a case with your employer if one is warranted.
Additional Tips
Remember, you have rights under the ADA. If your employer has denied your reasonable accommodation request, you have several options available to you.
There are other things you can do to increase your chances of success.
Here are some additional tips to help you increase your chances of getting your reasonable accommodation request approved:
- Keep a record of all communications related to your reasonable accommodation request.
- Be calm, polite, and professional in your communications with your employer.
- Don’t give up. The law is on your side.
By following the steps outlined in this article, you can increase your chances of achieving a better resolution if your reasonable accommodation request is denied.
If you need a community to support you, I am your disability advocate at work. Reach out if you have questions or need additional support. And let me know in the comments below which resolution you achieved.
Best of luck to you and never be afraid to advocate for your rights.
Recommended Reading
10 Tips to Support a Chronic Illness in the Workplace: Reasonable Accommodation
How to Navigate a Career with a Chronic Illness: 10 Tips for Career Success
How to Find a Career That Accommodates Your Disability: 7 Tips for Success
Top 10 Best Side Hustles for the Chronic Illness Warrior
10 Tips for the Chronic Illness Warrior: How to Achieve Financial Freedom with FIRE
How to Build a Solid Savings That Supports the Medical Needs of Your Chronic Illness
Additional Resources
- The Campaign for Disability Employment
- The Job Accommodation Network (JAN)
- The National Organization on Disability (NOD)
- The American Association of People with Disabilities (AAPD)
- The American Chronic Pain Association
- The Invisible Disabilities Association
Think seeking a resolution for your reasonable accommodation request will FIRE Your Career? Check out the posts page for more ways you can FIRE Your Career and achieve financial freedom.
FIRE Your Career: Achieve Financial Freedom Through Your Career & Spend MORE Time Doing What You Love.
Additional Tools and Resources I Frequently Recommend:
Strengths Finder (book to help you uncover your innate strengths, includes a free personality quiz)
ClickUp (my recommended goal-tracking tool)