People with disabling medical conditions frequently need support to safely and effectively work. They may require assistive technology, accessible workspaces or even work-from-home employment arrangements. Employers often agree to provide reasonable accommodations for workers in need of support.
Both state laws and federal statutes extend protections to professionals with disabling medical conditions. The Americans with Disabilities Act (ADA) allows employees to request reasonable accommodations. The Washington Law Against Discrimination (WLAD) expands on those rights.
Unfortunately, some businesses are reticent to provide the assistance that professionals need to work safely and effectively. When can a business justify a refusal to deny an accommodation request?
When the company is relatively small
Both the ADA and the WLAD have minimum employee requirements to apply. The ADA requires that there be 15 employees for disability accommodation rules to apply. The WLAD improves on that by reducing the number of employees to eight, making accommodations accessible to more people. If the company has seven or fewer workers, it may be able to legally refuse to accommodate a worker.
When the accommodations are costly
Employees with disabling medical conditions have the right to make reasonable accommodation requests. However, employers do have the right to decline requests that create undue hardship for the organization.
If the requested accommodations are too disruptive or costly, the employer may be able to justify refusing to provide them. In most other scenarios, refusing accommodation requests could constitute disability discrimination.
Reviewing an employer’s refusal can help employees determine if they may have the right to take legal action. Those who face disability discrimination, including unfair refusals to provide reasonable accommodations, may be able to take legal action. A successful lawsuit could compel an employer to accommodate a worker or compensate the worker for the discrimination they experienced.