Federal laws protect workers from discrimination based on certain characteristics. Medical conditions or disabilities are among the protected characteristics that should not influence employees’ job opportunities. Under the Americans with Disabilities Act (ADA), employees have the right to request reasonable accommodations that are necessary for them to safely perform their jobs.
When does the law protect a worker’s right to request accommodations from their employer?
When they have medical documentation
Typically, accommodations are only necessary in cases where workers have a diagnosed medical condition. Recommendations for certain accommodations or letters affirming a worker’s functional limitations can help justify the request for certain types of accommodations.
When the company is large enough
Particularly small businesses may struggle to provide accommodations. The ADA only requires that businesses provide reasonable medical accommodations when businesses have 15 or more employees. People working for smaller businesses do not necessarily have legal protection when seeking accommodations, although their employers may still offer them support.
When they can theoretically perform the job
Typically, workers requesting accommodations need to be able to meet the basic standards for the position. In some cases, they may already hold the job and may have a recently-acquired condition that affects their ability to continue working.
Other times, they may have documentation affirming that their experience in education makes them qualified for a position, but they need accommodations to do the job safely. Provided that workers can perform job functions with accommodations, they may have the right to request them.
Reviewing the circumstances surrounding a denied accommodation request with a skilled legal team can help an employee respond appropriately. Direct communication with the employer or a disability discrimination lawsuit can help resolve issues that arise due to denied accommodation requests.