Employees with disabilities may need changes to their work environment, schedule, job duties, or the way they perform their work. When a reasonable accommodation would allow a qualified employee to perform the essential functions of their job, federal disability discrimination law may require an employer to provide that accommodation unless doing so would create an undue hardship.
When an employer refuses to provide a reasonable accommodation, ignores an accommodation request, or fails to meaningfully discuss possible accommodations, the employee may have a disability discrimination claim.
At Counsel Carolina, our North Carolina employment lawyers help employees understand their rights when an employer fails to accommodate a disability. We can review what happened, explain the laws that may apply, and help you understand your options.
With more than 70 years of combined experience, our North Carolina failure to accommodate disability lawyers deliver more.
Failure to accommodate occurs when an employer does not provide a reasonable accommodation to a qualified employee with a disability when the law requires one.
Under the Americans with Disabilities Act (ADA), reasonable accommodation can include changes to the workplace or the way work is performed that allow a qualified person with a disability to apply for a job, perform essential job functions, or enjoy the benefits and privileges of employment.
An accommodation can take many forms depending on the employee’s disability and job.
Examples can include:
The appropriate accommodation depends on the circumstances. An employer generally does not have to provide the employee’s preferred accommodation if another effective accommodation is available.
A reasonable accommodation is a change or adjustment that helps a qualified employee with a disability perform the essential functions of their job or have equal access to employment opportunities.
The accommodation must address a limitation caused by the disability. What is reasonable for one employee may not be appropriate for another.
For example, an employee with a medical condition that makes it difficult to work a traditional schedule may request a modified schedule. Another employee may need an accessible workspace, specialized equipment, additional breaks, or time away from work for treatment.
The goal is not necessarily to give an employee everything they request. The goal is to identify an effective accommodation that allows the employee to work while addressing the limitations caused by the disability.
Depending on the employee’s disability and job responsibilities, reasonable accommodations may include:
Modified Work Schedule
An employer may be required to consider a modified schedule when a disability makes a particular schedule difficult to maintain.
This could include changes to starting or ending times, part-time scheduling, or other adjustments when they are reasonable and effective.
Additional Breaks
An employee may need additional or differently timed breaks because of a medical condition.
Whether this is a reasonable accommodation depends on the employee’s needs and the requirements of the job.
Medical Leave
Leave can sometimes be a reasonable accommodation when an employee needs time away from work because of a disability or disability-related treatment.
The availability of leave and the amount of leave that may be reasonable depend on the circumstances.
Telework
Working from home can sometimes be a reasonable accommodation.
An employer does not necessarily have to provide telework simply because an employee requests it. The employer and employee should consider whether working remotely would effectively address the employee’s disability-related limitations and whether the essential functions of the position can still be performed.
Modified Equipment
An employer may need to provide or modify equipment when doing so would allow a qualified employee to perform their job.
Workplace Accessibility
Changes to a workspace may be necessary for an employee with mobility, vision, hearing, or other disability.
Reassignment
In some circumstances, reassignment to a vacant position may be a reasonable accommodation when an employee cannot perform the essential functions of their current position even with other reasonable accommodations.
The ADA protects qualified individuals with disabilities from discrimination in employment.
The law covers employment decisions and practices including hiring, firing, job assignments, promotions, pay, benefits, training, leave, and other employment activities.
A disability does not necessarily have to be permanent or severe to receive protection under the ADA. The law considers whether an impairment substantially limits a major life activity, among other circumstances. Conditions with symptoms that come and go may also qualify.
Whether a particular condition qualifies as a disability is a fact-specific legal question.
An employer generally must know about a disability or the limitations associated with it before its duty to provide a reasonable accommodation is triggered.
You do not necessarily have to use the words “disability,” “ADA,” or “reasonable accommodation” when asking for help.
For example, telling your employer that you have a medical condition that is affecting your ability to work and that you need a change at work may be enough to put the employer on notice that you need an accommodation.
If your disability or the need for an accommodation is not obvious, an employer may be allowed to request reasonable medical documentation in appropriate circumstances.
Not necessarily.
An employee does not generally have to use a specific form or special language to request a reasonable accommodation. An oral request can potentially be sufficient.
However, making an accommodation request in writing can help create a record of what you requested and when you made the request.
Keeping copies of emails, letters, medical documentation, and communications with your employer can be helpful if there is later a dispute about whether you requested an accommodation.
The interactive process is the discussion between an employer and employee about the employee’s disability-related limitations and potential reasonable accommodations.
When the appropriate accommodation is not obvious, the employer and employee should communicate about what the employee needs and what accommodations could effectively address those limitations.
The process may involve:
The employer does not necessarily have to accept the employee’s first proposed accommodation. However, simply rejecting a request without meaningfully considering possible alternatives can create legal concerns.
An employer should respond promptly to a request for reasonable accommodation.
If the appropriate accommodation is unclear, the employer and employee may need to communicate about possible solutions. The interactive process may involve considering alternative accommodations rather than simply rejecting the employee’s request.
If your employer ignores your request, refuses to discuss accommodations, or delays responding while your ability to work is affected, you may want to speak with an employment lawyer about your situation.
An employer is not required to provide every accommodation an employee requests.
For example, an employer may be able to provide a different effective accommodation rather than the employee’s preferred option.
An employer may also be able to deny an accommodation when it would create an undue hardship. Under the ADA, undue hardship generally means significant difficulty or expense when considered in light of factors such as the employer’s resources, size, and operations.
However, an employer should not simply assume that one difficult or expensive accommodation means every possible accommodation would be an undue hardship. Other effective options may need to be considered.
The ADA does not require an employer to provide an accommodation that would cause an undue hardship.
Undue hardship is generally evaluated based on factors such as the nature and cost of the accommodation, the employer’s financial resources, the number of employees, and the effect of the accommodation on the business.
The fact that an accommodation costs money does not automatically mean that it creates an undue hardship.
The analysis is generally specific to the circumstances and the accommodation being considered.
Not necessarily.
Reasonable accommodations can involve costs, but an employer does not automatically avoid its legal obligations simply because an accommodation requires some expense.
Whether the cost creates an undue hardship depends on the circumstances, including the employer’s resources and the nature of the accommodation.
An employer may have legitimate reasons for determining that a particular accommodation is not reasonable or would create an undue hardship.
However, rejecting one accommodation does not necessarily end the conversation.
If the requested accommodation is not effective or creates an undue hardship, the employer and employee may need to consider whether another accommodation could address the disability-related limitation.
An employer generally cannot retaliate against an employee for asserting rights protected by the ADA.
Retaliation can take many forms, including adverse employment actions after an employee requests an accommodation or raises concerns about disability discrimination.
If you believe your employer treated you differently after you requested an accommodation, the timing and circumstances of what happened may be important.
Requesting a reasonable accommodation does not give an employer permission to discriminate against an employee.
A demotion, reduction in responsibilities, termination, change in job assignment, or other adverse action following an accommodation request may raise concerns depending on the circumstances.
An employer may still address legitimate performance or conduct issues, but disability discrimination laws can apply when an employee’s disability or accommodation request is a factor in an adverse employment decision.
The answer can depend on whether the employee is qualified and whether a reasonable accommodation would allow them to perform the essential functions of the job.
An employer does not have to remove an essential job function as an accommodation. However, an employee may be entitled to an accommodation that allows them to perform that essential function.
The distinction between essential and nonessential job duties can be important in disability discrimination cases.
An employer may evaluate whether an employee can perform the essential functions of a position, with or without reasonable accommodation.
An employee does not necessarily have to be able to perform every task exactly as they did before developing a disability.
The important questions may include what the essential functions of the job are, what limitations the employee has, and whether a reasonable accommodation could allow the employee to perform those essential functions.
Possibly.
A modified schedule can be a reasonable accommodation in appropriate circumstances.
For example, an employee may need a different start time because of medical treatment, medication side effects, or symptoms associated with a disability.
Whether a schedule change is reasonable depends on the job, the employee’s limitations, and whether the accommodation would allow the employee to perform the essential functions of the position without creating an undue hardship.
Possibly.
Telework can be a reasonable accommodation in some circumstances, particularly when the employee can perform the essential functions of the position remotely and working from home effectively addresses the disability-related limitation.
However, an employer does not have to provide remote work simply because an employee prefers working from home.
The specific duties of the job and the reason for the request matter.
Medical leave may be a reasonable accommodation in certain circumstances.
An employee may need time away from work for treatment, recovery, or symptoms related to a disability. The amount and type of leave that may be reasonable depends on the circumstances.
Other laws, including the Family and Medical Leave Act, may also provide protections depending on the employee and employer.
An employer may be permitted to request reasonable medical documentation when the disability or need for an accommodation is not obvious.
However, employers do not have unlimited rights to ask employees for medical information. Disability-related inquiries and medical examinations are subject to restrictions under the ADA, and medical information obtained by an employer generally must be kept confidential.
Whether a particular request for medical information is appropriate depends on the circumstances.
A disability does not necessarily have to be severe, permanent, or constantly present to qualify for protection under the ADA.
The law considers whether an impairment substantially limits a major life activity, and conditions with symptoms that come and go can also qualify.
Whether your condition qualifies under the law depends on the specific facts.
An employer’s treatment of other employees can sometimes be relevant to a disability discrimination claim.
For example, if an employer has allowed other employees to work modified schedules or take certain types of leave but refuses to consider an accommodation for an employee with a disability, the circumstances may warrant further review.
However, employees do not necessarily have to receive identical accommodations because accommodations are evaluated based on individual needs.
An employer may consider how an accommodation affects the workplace, but an accommodation is not automatically unreasonable simply because other employees do not receive the same benefit.
Reasonable accommodations are intended to address disability-related barriers to employment.
The appropriate accommodation should be evaluated based on the employee’s circumstances, the essential functions of the job, and whether the accommodation is effective without creating an undue hardship.
The ADA prohibits retaliation against an individual for asserting rights under the law.
Retaliation can include actions such as termination, demotion, unfavorable job assignments, or other adverse treatment depending on the circumstances.
If you believe your employer retaliated against you after you requested an accommodation or raised concerns about disability discrimination, preserving relevant communications and employment records can be important.
A termination following a denied accommodation request may raise disability discrimination or retaliation concerns, depending on what happened.
The employer may have legitimate reasons for ending employment, but the circumstances surrounding the accommodation request, the employer’s response, and the timing of the termination can be important.
An employment lawyer can review the situation and help determine whether the facts may support a legal claim.
At Counsel Carolina, we offer free consultations for employment law matters.
You can speak with a lawyer about your situation, explain what happened, and learn more about the legal options that may be available.
The cost of legal representation depends on the circumstances and type of case. We can explain the fee arrangement before you decide whether to move forward.
When dealing with a disability accommodation dispute, it is important to have a lawyer who understands both employment law and the practical challenges employees face when their health affects their ability to work.
A lawyer handling your case should:
