There are many disabling medical conditions that can affect people’s job performance. Some people have physical disabilities that make accessible spaces or assistive technology necessary. Others might have certain cognitive or mental health conditions, such as attention deficit hyperactivity disorder (ADHD), that affect their job performance.
These conditions can impact their ability to work. However, with certain forms of support, they may be able to do certain jobs as well as anyone else. Professionals in many different industries may need accommodations to perform their jobs safely and well. Many workers assume that their employers have a legal obligation to accommodate them as necessary.
Federal law and state statutes do protect employees from disability discrimination. Is it ever legal for employers to deny accommodation requests from employees who need support to do their jobs?
Accommodation rules have certain limitations
The federal law that established the right to workplace disability accommodations is the Americans with Disabilities Act (ADA). Under the ADA, employees with documented medical conditions can request accommodations deemed necessary by health care professionals.
However, employers can decline requests in a number of scenarios without necessarily triggering claims of legal non-compliance. Technically, the ADA only applies to businesses that have 15 or more employees. If a worker has a job at a particularly small business, their employer could theoretically justify denying them accommodations because the ADA does not apply.
In scenarios where the worker requires significant accommodations to perform their job, employers could assert that the request represents an undue hardship. Cost and operational disruptions can justify the decision to deny certain accommodation requests.
Finally, employers do have the right to establish their own internal protocols. They may require that employees follow a specific procedure when requesting reasonable accommodations. If the workers do not follow the appropriate steps, then the employer could deny or ignore their request without necessarily breaking the law.
Workers struggling with issues related to disability accommodations may need help determining if an employer violated their rights. In some scenarios, they may have grounds to pursue a disability discrimination lawsuit. Documenting interactions related to accommodation requests and reviewing the situation with someone who understands the law can help workers recognize when they may need to assert themselves by taking legal action.