What to Do When Your Workplace Does Not Accommodate Your Disability

Workplaces are just that – a place to work.

It must be accessible for all employees. It must be safe for all employees. That is the bare minimum, right? This means the space must be clean and well-maintained. It should also have ramps, elevators, and accessible toilers. All of this is necessary for smooth mobility.

When a workplace fails to incorporate such aspects, problems begin. After all, how are you meant to complete your tasks if you cannot safely enter the building? Of course, your employer should try to accommodate your needs. Unfortunately, this isn’t always the case.

So, what do you do? Well, this post is here to help. Keep reading to learn the five key steps to take when your workplace fails to accommodate your disability.

Table of Contents

1. Document Everything Immediately

First up, creating a paper trail. This is a crucial step in the process. After all, you need to be able to prove that what you are claiming is true.

Essential details to write down include dates, times, and conversations regarding your accommodation request. For the conversations, try to be as detailed as possible. Include who was there, what was said, and any possible witnesses.

There will also be documents to save. A copy of your initial request must be kept. It is also wise to keep a copy of any medical notes you have submitted as well as any written denials or emails from your boss.

The evidence you collect must be saved securely. Use your own personal device to do so. This information should not be kept solely on your work computer.

2. Formally Request a Review in Writing

Chances are you have already made a verbal request. If this was ignored, submit a formal written require to the Human Resources department and your immediate supervisor. The request must be written in clear language.

It is a good idea to state that you are requesting a “reasonable accommodation” under the ADA due to a medical condition. You should also ask for a written explanation that explains why your original request was denied or delayed.

In this request, you could offer alternatives. This is especially important if your first choice caused an undue hardship.

3. Consult Free Advocacy Resources

There are free federal and state resources you can use here. You must access them before taking legal action. The best time to use these resources is before or during the formal request process.

As well as your state’s specific Protection and Advocacy system, the Job Accommodation Network (JAN) will provide free, expert guidance on negotiating accommodations, for instance. They could also help you explore alternative solutions.

4. File a Charge of Discrimination

After the formal request, you should have a solid idea of what’s going on. Your employer will either cooperate or not. If it is the latter, then it is time to file a formal complaint of discrimination.

It is vital that you file a charge with the Equal Employment Opportunity Commission (EEOC) before taking your employer to court. You can do so via the EEOC Public Portal. Of course, there are deadlines you must be aware of when doing this. In most cases, you will only have 180 days from the date of the discrimination.

In some cases, the deadline will extend to 300 days. This happens if a state or local anti-discrimination law covers the claim as well.

5. Speak with an Employment Attorney

With an EEOC charge filed, you can then consult a lawyer. It is best to find a qualified employer attorney in your area. This is encouraged as they will better understand the laws in your state. For instance, a lawyer with experience in disability accommodation cases in Oakland might not be knowledgeable on Texas state laws.

An attorney will be able to help you throughout the process. They’ll evaluate your case, help communicate with your employer’s legal team, and guide you to obtain a “Notice of Right to Sue” from the EEOC if required.

To conclude, you should not just accept it if your employer fails to accommodate your disability. This is a must under the Americans with Disabilities Act. If you face trouble with this, follow the steps mentioned above to reach a resolution.