Failure to Accommodate Disability

The Americans with Disabilities Act (“ADA”) requires an employer to make reasonable accommodations for a disabled employee’s known physical or mental limitations unless the employer can demonstrate that the accommodation would impose an undue hardship on its business.

It is a high standard for an employer to establish that accommodating an employee would cause them undue hardship. The employer must demonstrate that the requested accommodation would cause a significant difficulty or impose a substantial expense. When determining whether the employer’s claim of undue hardship is legitimate, Courts look to an employer’s size, financial resources, and the nature and cost of the requested accommodation.

To establish a claim against your employer for failing to accommodate you under the ADA, you must show: (1) that are an individual who had a disability within the meaning of the statute; (2) your employer had notice of your disability; (3) that with reasonable accommodation you could perform the essential functions of the position; (4) that your employer refused to make a accommodation.

The request for an accommodation does not have to be in writing, nor is it required that the request come from a medical professional. However, your employer can request reasonable medical documentation to verify your disability and the need for the specific accommodation. Although it is not required, you should provide your employer with a written request for the accommodation from your treating physician because it strengthens your request and is helpful to any potential claim against your employer. 

Your employer is not required to provide you with the exact accommodation that you request. However, they are required to engage in the interactive process with you to determine and implement reasonable accommodations. You should document your request in writing as well as your employer’s response; it does not have to be formal. An email is fine.