Discrimination doesn’t always come in the form of harassment or termination. It’s also not always geared toward a worker based on their race, sexual identity or religion.
It sometimes begins quietly with an employer who refuses to adjust the workplace so an employee can do their job. Is denying a request for accommodation a form of discrimination? In most cases, it is.
What is a reasonable accommodation?
A reasonable accommodation is a change to the work environment or processes that allows an employee with a disability or medical condition to perform their job. This includes things like the following:
- Modified work schedules
- Adjusted job duties
- Ergonomic equipment
- Time off for medical treatment
- Remote or hybrid work options
If an employee is legally entitled to an accommodation and the request is reasonable and related to a disability or medical condition, the employer must engage in an interactive process with the employee to explore possible solutions. Simply saying “no” without a legitimate reason can be viewed as discriminatory.
Other actions that are considered unlawful include:
- Claiming the employee isn’t “disabled enough”
- Refusing to consider remote work when similar roles allow it
- Delaying a response for weeks or months
- Demanding excessive and unnecessary medical documentation
- Retaliating after an accommodation request
Laws such as the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act require employers to provide reasonable accommodations unless doing so would cause an undue hardship. This could be a significant financial burden, a safety risk or the elimination of essential job functions. Some factors to consider in determining undue hardship include:
- The employer’s size and resources
- The cost of the accommodation
- The impact on business operations
If your employer denied your request for reasonable accommodation, you should ask for the denial in writing, along with the reason. Discuss your situation with a legal representative regarding your options and rights. You shouldn’t have to choose between your health or disability and your livelihood.