If your employer denied your accommodation request, ignored it, pushed you onto leave, cut your hours, or changed your role after you asked for help, you may have legal options under the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act (FCRA). A refusal can be especially concerning when a reasonable accommodation would allow you to keep working.
At BT Law Group, PLLC, Miami workplace discrimination attorneys Jason D. Berkowitz and Anisley Tarragona help employees understand whether an accommodation denial, forced leave, demotion, discipline, or termination may support a legal claim. Our experienced employment lawyers can review what you requested, how your employer responded, and what deadlines may apply. Those facts should also be compared with discrimination-based firing when the employer?s stated reason conflicts with protected-class timing or different treatment of coworkers.
This guide explains what may qualify as a reasonable accommodation, how the interactive process should work, why employers deny requests, and what Florida employees can do when a request is refused or followed by retaliation. Call BT Law Group, PLLC at (305) 507-8506 to schedule a consultation.
What Is a Reasonable Accommodation Under the ADA?
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. The goal is to remove a workplace barrier so a qualified worker can do the job and access the same employment opportunities as other employees.
The ADA’s employment provisions generally apply to employers with 15 or more employees, including private employers and state or local government employers. State and local government employers may also have ADA obligations under Title II regardless of size. The Florida Civil Rights Act (FCRA) applies to employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Some local county or city ordinances may have different coverage rules, but the FCRA itself does not lower the state’s 15-employee threshold. Those records may also matter for reporting harassment if the worker complained about harassment before the discipline, demotion, or firing.
Examples of reasonable accommodations include:
- Modifying work schedules or allowing a flexible schedule
- Providing or modifying equipment, products, or software
- Adjusting or modifying workplace policies
- Allowing remote work
- Reassignment to a vacant position
- Making the workplace accessible, including reserved parking
- Providing an unpaid leave of absence
What Qualifies as a Disability Under the ADA?
A person has a disability if they have a physical or mental impairment that substantially limits one or more major life activities, sometimes called an “actual disability.” Conditions such as depression, anxiety, diabetes, cancer, and chronic illnesses can qualify when they substantially limit a major life activity.
If a disability or the need for accommodation is not obvious, an employer may request reasonable medical documentation limited to the disability and the need for accommodation. One important limit applies: the ADA regulations do not require reasonable accommodation for someone who qualifies only under the “regarded as” prong, although that person may still be protected from disability discrimination. A wrongful termination attorney in Miami can review whether firing after an accommodation request involved disability discrimination, retaliation, or a failure to engage in the required process.
What Are the “Essential Functions” of Your Job?
To be qualified for a position, an employee must be able to perform the essential functions, with or without a reasonable accommodation. Essential functions are the job duties that are fundamental to the position, the reason the job exists. An accommodation must help you perform those duties, not eliminate them.
Several factors help determine whether a duty is essential:
- Whether the position exists specifically to perform that function
- The number of other employees available to perform the same duties
- The training or skills required to perform the function
If you can perform the essential functions with an accommodation, your employer generally cannot refuse you simply because the way you complete the work would change.
What Is the Interactive Process, and Is It Required?
Once you request an accommodation, your employer has a legal duty to engage in an interactive process: a good-faith, two-way dialogue to identify an effective accommodation. Both sides are expected to communicate about the limitation, the job duties involved, and possible accommodations that could address the employee’s needs. That same timeline can also support retaliation after protected activity when the worker had recently reported misconduct, filed a charge, or objected to unlawful conduct.
This process does not require magic words from you. Any communication showing that you need a change at work because of a medical condition can start it. Your employer should then engage with you to determine whether an effective accommodation is available. A specific accommodation may be denied if it is not legally required, would not be effective, or would cause undue hardship. Those records may also matter for reporting harassment if the worker complained about harassment before the discipline, demotion, or firing.
A denial does not necessarily end the employer’s duty to engage. If another effective accommodation may allow the employee to continue working without undue hardship, the employer should consider that option rather than shutting down the discussion.
What Happens If Your Employer Ignores Your Request?
Sometimes an employer does not say “no” outright; they simply do not respond. Silence can still create legal risk for the employer. An unanswered request, especially one followed by discipline, leave pressure, reduced hours, or termination, may help show that the employer failed to handle the request properly.
If your employer ignores your request, preserve the date, method, and follow-up attempts. Those details may become important if the employer later claims it never received the request or had no chance to respond.
BT Law Group, PLLC can help organize the request timeline, follow-up attempts, and any discipline, leave pressure, schedule change, or termination that followed the ignored request.
Can Your Employer Demand Medical Documentation?
When a disability or the need for accommodation is not obvious, your employer can request reasonable medical documentation confirming that you have a disability and need an accommodation. This is lawful. What the employer cannot do is demand your entire medical history or information unrelated to the limitation at issue.
Any medical information you provide must be kept confidential and stored separately from your regular personnel file. When you submit documentation, focus on what the law allows: confirmation of the condition, the resulting limitation, and how the requested accommodation addresses it.
Key Takeaway: The law requires your employer to engage in a good-faith interactive process after you ask for an accommodation. Ignoring the request or refusing to discuss alternatives may support a failure-to-accommodate issue.
Why Do Florida Employers Deny Accommodation Requests?
Employers refuse accommodation requests for many reasons, and not all of them are legally valid. Some denials rest on legitimate concerns, while others reflect a misunderstanding of what the ADA requires or, in some cases, bias against workers with disabilities.
Common reasons employers give include:
- A belief that the accommodation would cause undue hardship
- A dispute over whether a duty is an essential function
- Perceived inconvenience or cost
- Lack of familiarity with the requested accommodation
- Discriminatory animus toward employees with disabilities
These reasons should be tested against the facts. A valid denial usually requires more than discomfort with change, minor inconvenience, or an unsupported claim that the accommodation would be difficult.
What Is “Undue Hardship” Under Florida and Federal Law?
Employers are not required to provide accommodations that would cause undue hardship, meaning significant difficulty or expense. This is a case-by-case analysis that considers the nature and cost of the accommodation, the resources of the worksite, the employer’s overall resources, and how the business operates. The employer cannot rely on inconvenience, general preference, or a desire to avoid setting a precedent; it must be able to support the undue hardship claim with evidence.
If your Miami employer claims an accommodation is too costly or difficult, Jason D. Berkowitz can assess whether that undue hardship argument holds up.
Workplace Discrimination Attorneys in Miami: BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a Miami-based labor and employment attorney who represents employees in disability discrimination, reasonable accommodation, retaliation, wrongful termination, wage and hour, and related workplace disputes. Before founding BT Law Group, PLLC, Jason was a partner in the Miami office of a national labor and employment firm that represented management exclusively, including many Fortune 100 companies.
Jason litigates and tries cases in federal and state courts, before administrative agencies, and in arbitration proceedings, including matters before the American Arbitration Association. He earned his J.D., cum laude, from the University of Miami School of Law in 2008 and his B.A. from Tufts University in 2003. He is admitted in Florida, the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, and the U.S. Court of Appeals for the Eleventh Circuit. He has also been selected to Super Lawyers for 2023–2026 and recognized in The Best Lawyers in America for Litigation – Labor and Employment since 2020.
Anisley Tarragona, Esq.
Anisley Tarragona is a Miami-based employment litigator who represents employees in cases involving discrimination, retaliation, sexual harassment, wrongful termination, unpaid wages, failure to accommodate, and other workplace violations. Born and raised in Cuba, Anisley is fluent in Spanish and frequently advises Spanish-speaking clients with care and clarity.
Anisley earned her J.D. from the University of Miami School of Law in 2007 and her B.S.B.A. from the University of Central Florida in 2004. She has been selected to Super Lawyers for 2023–2026 and was previously selected to Rising Stars from 2013–2018. She litigates and tries cases in federal and state courts and before administrative agencies and arbitration tribunals, with a careful, detail-focused approach to employment matters.
Can Your Employer Force You onto Leave or Demote You Instead?
If your employer is pushing you to take short-term disability or accept a part-time position instead of accommodating you, this may violate the ADA. The law 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, cutting your hours, or moving you into a lower role may be unlawful when a workable accommodation would allow you to remain in your position. Remote work may be part of that analysis when the job can be performed from home without undue hardship.
Is Forced Leave Ever a Lawful Alternative in Florida?
Leave can be a valid accommodation when time away from work is needed for treatment, recovery, or another disability-related reason. It becomes concerning when the employer uses leave, reduced hours, or a lower position to avoid a practical accommodation that would let the employee keep working.
Key Takeaway: Leave, reduced hours, or a lower role may create legal concerns when the employer uses them to avoid a workable accommodation that would let the employee keep working.
What If Your Employer Disciplines or Fires You After Your Request?
The ADA prohibits retaliation against employees who request a reasonable accommodation. Discipline, a demotion, a sudden poor performance review, a schedule cut, or termination that follows your request can amount to unlawful retaliation, even if the underlying accommodation dispute is still unresolved.
Retaliation is a separate legal claim from failure to accommodate. To support it, the timing and circumstances matter: a negative action that closely follows your request, a change in how you are treated, or comments tying the action to your medical needs can all be evidence. Keep records of your performance before the request and any change in treatment afterward.
Key Takeaway: Punishing you for asking for an accommodation, whether through discipline, demotion, or firing, is illegal retaliation under the ADA. Retaliation is a distinct claim, and timing is often key evidence.
If you were disciplined or fired after requesting an accommodation, Jason D. Berkowitz can evaluate a potential retaliation claim.
What Steps Should You Take If Your Employer Refuses to Accommodate You in Florida?
If your employer has denied your request, you still have options. These steps can help protect your job and build the record you may need later, but do not wait so long that you miss an Equal Employment Opportunity Commission (EEOC) or Florida Commission on Human Relations (FCHR) filing deadline. Internal appeals and workplace grievance procedures usually do not pause those deadlines.
- Ask for a written explanation. Request a written reason for the denial. This creates a paper trail and may reveal your employer’s reasoning. Employers are not required to provide this under the ADA, but many will, and it can be valuable for your next steps.
- Provide additional information. If your employer says it needs more, provide reasonable medical documentation limited to your disability, work-related limitations, and need for accommodation. You can also explain how the accommodation would help you perform your duties or provide examples of how similar accommodations have worked elsewhere.
- Suggest alternative accommodations. If your requested accommodation is rejected, propose alternatives. If full-time remote work is not possible, suggest a hybrid schedule. If a piece of equipment is too expensive, research a cost-effective option. If one schedule change does not work, propose another.
- Use any internal appeal process carefully. Check your employee handbook or ask HR whether there is a formal appeal procedure. Follow it when it can help resolve the issue, but do not let an internal appeal delay an EEOC or FCHR charge past the filing deadline.
- Contact an employment law attorney. If these steps fail, or you are terminated for requesting an accommodation, it may be time to seek legal help in Florida.
If the refusal continues or your employer takes action against you after the request, BT Law Group, PLLC can help you evaluate the next step before filing deadlines expire.
What Records Should You Keep for Your Accommodation Claim?
Strong records can help show what you requested, how the employer responded, and whether the denial was followed by discipline, reduced hours, leave pressure, demotion, or termination. Keep copies of:
- All communication with your employer about your request, including emails, letters, and notes from conversations
- Medical documentation supporting your need for accommodation
- Instances where similar accommodations were granted to other employees
- Any research you did on potential accommodations
- Your job description and evidence of your job performance
- Any changes to your job duties or treatment at work after your request
What Are Your Legal Options in Florida When Accommodations Are Denied?
If the refusal continues, or if the employer retaliates after the request, legal action usually begins with an administrative filing. Internal complaints or HR appeals should not be allowed to push the claim past the filing deadline.
| Pathway | Filing Deadline | Where to File |
|---|---|---|
| EEOC charge (federal ADA) | 300 days from the discrimination | U.S. Equal Employment Opportunity Commission |
| FCHR complaint (Florida FCRA) | 365 days from the violation | Florida Commission on Human Relations |
| Lawsuit | Usually after administrative prerequisites. Federal ADA lawsuits generally must be filed within 90 days after receiving an EEOC Notice of Right to Sue. | Federal or Florida state court |
Under a 2026 Florida law effective July 1, 2026, FCRA civil action timing depends on the agency path and the notice or determination received. For claims affected by that law, a civil action generally must be filed within one year after the earlier of an FCHR reasonable-cause determination or an EEOC Notice of Right to Sue. If the relevant determination or notice is not issued within 180 days after the complaint is filed, the new law allows a civil action but sets an 18-month outside deadline from the complaint filing date.
How Do You File an EEOC Charge in Florida?
You can file a discrimination charge with the EEOC. In Florida, you generally have up to 300 days from the date of discrimination to file a charge under federal law.
After accepting a charge, the EEOC may investigate the claim and may attempt to resolve the issue through mediation. If the EEOC does not resolve your case, you may receive a “right to sue” letter, which allows you to file a lawsuit in court.
Can You File Under the Florida Civil Rights Act?
Florida has its own anti-discrimination law, the Florida Civil Rights Act, Fla. Stat. § 760.10, which prohibits disability discrimination in employment. A complaint generally must be filed within 365 days of the alleged violation, and Florida law allows the filing date to be based on the earliest filing with the FCHR, the EEOC, or another qualifying fair-employment-practice agency.
Employees should not assume they must file duplicate complaints with both agencies. Attorney Tarragona can help preserve federal and Florida deadlines without unnecessary duplicate filings.
What Compensation Can You Recover in a Disability Discrimination Lawsuit?
If you exhaust your administrative prerequisites, you may need to file a lawsuit. Depending on your case, you can potentially seek:
- Back pay
- Reinstatement
- Compensatory damages
- Punitive damages, where available in cases of intentional workplace discrimination
- Attorney’s fees and costs
Under federal law, compensatory and punitive damages are subject to caps that vary with the size of the employer, so the recoverable amount depends in part on how many people the company employs.
Miami Disability Discrimination Lawyers for Denied Accommodation Claims
Being denied a reasonable accommodation, pushed onto leave, or fired after asking for help can affect your work, income, and ability to manage your health needs. A prompt review can help you understand whether the employer’s response created legal concerns and what steps may protect your claim.
BT Law Group, PLLC can review your accommodation request, your employer’s response, any medical documentation involved, and any discipline, leave pressure, demotion, reduced hours, or termination that followed. Our employment attorneys can help you understand your next steps and preserve records that may support your claim.
Contact us at (305) 507-8506 or visit our office at 3050 Biscayne Blvd STE 205, Miami, FL 33137 to request a confidential case evaluation. We serve employees throughout Miami-Dade, Broward, and Palm Beach counties.
Frequently Asked Questions
What counts as a reasonable accommodation request?
You do not need to use legal language or submit a special form. A request can be any clear communication that you need a workplace change because of a medical condition or disability.
Can my employer offer a different accommodation than what I asked for?
Your employer may offer a different accommodation if it is effective. The accommodation does not have to be your first choice, but it must address the work-related limitation and allow you to do the job.
What if my doctor says I need an accommodation, but my employer disagrees?
Your employer generally should review relevant medical support and discuss possible accommodations before rejecting the request. The employer may ask for reasonable documentation when the disability or need is not obvious, but it cannot use that process to demand unrelated medical history or avoid a valid accommodation request.
How long does my employer have to respond to an accommodation request?
There is no exact deadline, but the response should be prompt and handled in good faith. Long delays, silence, or repeated postponements may create legal concerns, especially if an accommodation was available.
Can I be fired for requesting a reasonable accommodation in Florida?
An employer generally cannot lawfully punish you for asking for a reasonable accommodation. If you were fired, disciplined, demoted, had your hours cut, or were treated worse soon after your request, the timing may be important evidence of retaliation.
Does the ADA cover mental health conditions or chronic illness?
Mental health conditions and chronic illnesses may qualify when they substantially limit a major life activity. This can include conditions such as depression, anxiety, diabetes, cancer, and other serious health conditions.
What if my employer says my job can’t be done remotely?
Your employer should consider whether remote work would address your limitation and still allow you to perform the job. If remote work is not workable, the employer may need to consider another effective accommodation.
How much does it cost to hire a Miami disability discrimination lawyer?
The cost of hiring a Miami disability discrimination lawyer can depend on the facts of the case, the work involved, and the fee arrangement available. BT Law Group, PLLC can review your workplace accommodation concern and explain the next steps. Call (305) 507-8506 to discuss your situation and available fee arrangements.
