My Employer Refuses to Make Reasonable Accommodations for My Medical Condition. What Are My Options?

Your doctor says you can work. You know you can work. But your employer won’t budge. Instead of supporting you, they’re making things harder—pushing you toward leave, demotion, or even termination. It feels unfair, frustrating, and maybe even illegal. You’re not alone, and you don’t have to accept this. At BT Law Group, we’ve helped countless employees fight for the accommodations they deserve. Don’t wait until it’s too late. Contact us today for a confidential consultation.

What are Reasonable Accommodations?

Under the Americans with Disabilities Act (ADA), a reasonable accommodation is any change to the job application process, work environment, or the way things are usually done that enables an individual with a disability to enjoy equal employment opportunities.

Examples include:

• Modifying work schedules
• Providing or modifying equipment
• Adjusting or modifying policies
• Allowing remote work
• Reassignment to a vacant position
• Making the workplace accessible
• Providing an unpaid leave of absence

Your Rights Under the ADA

If you have a disability as defined by the ADA and are qualified for your position, you have several important rights:

1. Right to Request Accommodations: You have the right to request reasonable accommodations that allow you to perform the essential functions of your job.
2. Interactive Process: Your employer is required to engage in an interactive process with you to determine an effective accommodation unless doing so would cause an undue hardship.
3. Protection from Discrimination: The ADA prohibits discrimination against employees with disabilities, including refusing to provide reasonable accommodations.
4. Confidentiality: Your employer must keep any medical information you provide confidential.

Why Employers Deny Accommodation Requests

Employers may refuse accommodation requests for various reasons, some of which are not legally valid.

Common reasons include:

• Concerns about setting a precedent for other employees
• Misunderstanding of ADA requirements
• Perceived inconvenience or cost
• Lack of familiarity with the requested accommodation
• Belief that the accommodation would cause undue hardship
• Discriminatory animus
• Unwillingness to work with employees

It’s important to note that while these concerns may be genuine, they don’t necessarily justify denying a reasonable accommodation request.

Employers Can Deny Accommodations That Create Undue Hardship

Employers are not required to provide accommodations that would cause “undue hardship.” This could be defined as an action requiring significant difficulty or expense when considered in light of factors such as:

• The nature and cost of the accommodation
• The overall financial resources of the facility
• The overall financial resources of the employer
• The type of operation of the employer

However, an employer cannot claim undue hardship simply because an accommodation involves some cost or inconvenience. They must be able to demonstrate significant difficulty or expense.

Steps to Take When Your Accommodation Request is Denied

If your employer has denied your request for reasonable accommodations, don’t lose hope. Here are some steps you can take:

1. Ask for a Written Explanation

Request a written explanation for why your accommodation request was denied. This creates a paper trail and may provide insights into your employer’s reasoning. While employers are not required to provide this under the ADA, many will do so, and it can be valuable information for your next steps.

2. Provide Additional Information

If your employer claims they need more information, provide it.

This could include:

• More detailed medical documentation
• Specifics about how the accommodation would help you perform your job duties
• Information about how similar accommodations have been successfully implemented in other workplaces

3. Suggest Alternative Accommodations

If your employer says your requested accommodation isn’t feasible, be prepared to suggest alternatives.

For example:

• If full-time remote work isn’t possible, perhaps a hybrid schedule would work
• If a particular piece of equipment is too expensive, research more cost-effective alternatives
• If your requested schedule change doesn’t work, propose a different modified schedule

4. Utilize Internal Appeal Processes

Many companies have formal processes for appealing denied accommodation requests. Check your employee handbook or ask HR about these procedures. Following these processes can demonstrate your good faith effort to resolve the issue internally.

5. Contact an Employment Law Attorney

If you’ve tried the above steps and your employer still refuses to provide reasonable accommodations or you are terminated for requesting reasonable accommodations, it may be time to seek legal help.

An experienced employment law attorney can:

• Evaluate the strength of your case
• Advise you on your rights under the ADA and Florida law
• Help you navigate the complaint process with the EEOC or state agencies
• Negotiate with your employer on your behalf
• File a lawsuit if necessary after exhausting the administrative prerequisites

At BT Law Group, our employment law attorneys are ready to help you understand your rights and explore your legal options. Don’t wait until it’s too late to protect your rights – contact us today to discuss your situation.

When Your Employer Suggests Leave or Demotion Instead

If your employer is pushing you to take short-term disability or accept a part-time position instead of accommodating you, this may be a violation of the ADA. Here’s why:

• The ADA requires employers to provide accommodations that allow you to perform the essential job functions unless doing so would cause undue hardship.
• Forcing you onto leave or into a lower position when a reasonable accommodation would allow you to continue in your current role could be seen as unlawful.
• Unpaid leave should generally only be considered as a last resort when no other accommodations are possible.

This is especially true if your job can be done remotely and your company already offers remote work to other employees. In this case, it may be difficult for your employer to argue that allowing you to work from home would cause undue hardship.

Building a Paper Trail for Your Disability Claim

Documentation is your best friend as you navigate this process. Keep detailed records of:

• All communication with your employer about your accommodation request (emails, letters, notes from conversations)
• Medical documentation supporting your need for accommodation
• Instances where similar accommodations have been granted to other employees
• Any research you’ve done on potential accommodations
• Your job description and evidence of your job performance
• Any changes to your job duties or treatment at work following your accommodation request

This documentation can be invaluable if you need to take legal action.

Your Legal Options for Denied Accommodation Requests

If you’ve exhausted internal options and your employer still refuses to provide reasonable accommodations, you may need to consider legal action. Here are some options:

1. File a Charge with the EEOC

You can file a discrimination charge with the Equal Employment Opportunity Commission (EEOC). Important points to remember:

• In Florida, you generally have up to 300 days from the date of discrimination to file a charge under federal law
• The EEOC will investigate your charge and may attempt to resolve the issue through mediation
• If the EEOC doesn’t resolve your case, you may receive a “right to sue” letter, allowing you to file a lawsuit

2. File a Complaint with the Florida Commission on Human Relations

Florida has its own anti-discrimination law, the Florida Civil Rights Act. You can file a complaint with the Florida Commission on Human Relations within 365 days of the alleged violation.

3. File a Lawsuit

If you exhaust your administrative prerequisites, you may need to file a lawsuit. You can potentially seek remedies such as:

• Back pay
• Reinstatement
• Compensatory damages
• Punitive damages (in cases of intentional discrimination)
• Attorney’s fees and costs

Don’t Let Your Employer Deny You Your Rights

Remember, those with disabilities may have the right to reasonable accommodations that allow the employee to do the job. If your employer is refusing to provide these accommodations, you have options. Don’t be afraid to seek help when you need it.

If you’re facing challenges with reasonable accommodations in your workplace, contact BT Law Group today. Our experienced Florida employment law attorneys can help you understand your rights and explore your options for securing the accommodations you need to succeed in your job.

Don’t let your employer deny you your rights – reach out to us today and let us help you fight for the accommodations you deserve.