When an employer refuses a request for a reasonable accommodation, you may not know what to do to protect your rights. New York employees with disabilities have a right to equal opportunities in the workplace.
The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate against disabled employees. This Act also mandates employers to provide reasonable accommodations for workers with disabilities to enable them to perform their duties efficiently. Examples of accommodations can include providing assistive equipment, modifying the position’s tasks, and improving accessibility in the workplace.
If your employer turns down your request for a reasonable accommodation, you may have grounds for legal recourse. The legal team at Mizrahi Kroub LLP will explain your rights under the ADA and help you protect them.
What’s the Appropriate Way to Request a Reasonable Accommodation?
Requesting a reasonable accommodation involves taking proper steps to ensure you are provided with equal opportunities at work. These steps start with understanding your rights and the laws regarding reasonable accommodations in New York.
Identify the specific accommodations you require to perform essential job functions. It is also important to familiarize yourself with the accommodation request criteria established by your employer and check the policies and guidelines you need to follow. Then submit a request to the appropriate authority, following the established procedure for submitting an accommodation request.
Can an Employer Legally Reject a Request for Reasonable Accommodation?
Under the ADA, employers are required to make reasonable accommodations for employees with disabilities. However, that does not mean that they must always grant a request for a reasonable accommodation.
An employer can turn down a request if it would fundamentally alter the nature of the work or cause undue hardship. Employers are also not obligated to accommodate unreasonable requests.
What Actions Should You Take if Your Request Is Denied?
- Seek Clarification: If your request has been turned down, you need to seek clarification from your employer to understand the reason behind the denial. Ask for a written explanation detailing the reasons why your request was rejected.
- Consult an Attorney: If your attempts to address the situation internally are unsuccessful, you might want to seek legal assistance. Although denying a request for accommodation does not necessarily mean your boss has violated your ADA rights, there are instances when this could be the case. If you believe your rights have been violated, the best thing to do is to contact an ADA lawyer to learn about your legal options.
Contact Mizrahi Kroub Today For Help
If you believe your employer has not provided the reasonable accommodations needed to perform your job effectively, you may need legal help. The New York ADA lawyers at Mizrahi Kroub LLP can work with you to determine the validity of your wrongfully denied accommodation and help you navigate the legal process.
Contact our office at (212) 595-6200 to schedule a free consultation with one of our lawyers and learn how we can protect your rights.
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