The Americans with Disabilities Act (ADA) generally protects the right to request reasonable accommodations in the workplace. Provided that a worker can perform job functions with certain accommodations, their employers should not consider their need for support when deciding who to hire, fire or promote within the company.
Unfortunately, disability discrimination is common, and it frequently manifests in the form of denied accommodation requests. Sometimes, employers make it prohibitively difficult for workers to request accommodations. Doing so could constitute disability discrimination and may leave certain workers at an unfair disadvantage in the workplace.
Barriers to accommodations are inappropriate
Federal guidance on reasonable accommodations is quite clear. Employers can require that workers follow a specific internal procedure. They may need to submit a request to human resources or to their direct supervisor in writing.
However, the worker should not need to use technical/legal language, make repeated requests or disclose private medical information to receive the accommodations they require. If employers make the process of seeking accommodations unnecessarily difficult, they effectively deter workers with disabling medical conditions from applying, retaining positions and receiving the support they deserve according to federal statutes.
Refusing to accommodate workers is discrimination, even if a company tries to hide its intentions. Especially in cases where workers have made appropriate attempts to request accommodations and their employers have denied them on technical grounds, such as the failure to reference statutory provisions, the worker denied reasonable accommodations could have a viable claim that they experienced disability discrimination.
Reviewing communication attempts and other key records with an employment law professional could help workers with disabling medical conditions get the accommodations they deserve or otherwise hold their employers accountable for discriminating against them.