Employees in New York who have disabilities that impact their ability to work are entitled to reasonable accommodations in most circumstances. When employers wrongfully deny their employees’ requests for reasonable accommodations, they can—and should—be held accountable.
With this in mind, what do you need to know—and what do you need to do—if you have been denied a reasonable accommodation? Keep reading for some key insights from our New York disability discrimination lawyers.
5 Key Questions for Determining Your Legal Rights
Determining your legal rights in this scenario involves answering some fundamental questions. After answering these questions, you should be able to make an informed decision about whether to pursue legal action against your employer:
1. Are You Protected Under State or Federal Law (or Both)?
First, you need to determine which law (or laws) protect you. Broadly speaking, there are three main laws that may entitle employees in New York to reasonable accommodations for their disabilities. These laws are:
- Americans with Disabilities Act (ADA) – The ADA is a federal law that applies to employers with 15 or more employees. Along with prohibiting disability-based discrimination, the ADA also requires covered employers to provide reasonable accommodations to eligible employees who request them.
- Rehabilitation Act – The Rehabilitation Act provides protections similar to those afforded under the ADA, but it applies specifically to employees in the federal workforce.
- New York State Human Rights Law (SHRL) – The New York SHRL also prohibits disability-based discrimination and requires employers to provide reasonable accommodations upon request. It applies to all employers in New York, regardless of their size.
However, this list is not exclusive. For example, the New York City Human Rights Law (NYCHRL) requires covered employers to provide reasonable accommodations to eligible employees as well. When you speak with a lawyer about your case, your lawyer should be able to provide a comprehensive assessment of the laws that apply.
2. Did You Request an Accommodation for Your Disability?
As a general rule, employers are only required to provide reasonable accommodations upon request. While none of the laws listed above establish specific procedural requirements for requesting a reasonable accommodation, employees who are seeking remedies for a violation of the law must be able to prove that they submitted a valid request. If you submitted your request in writing (or if you have any follow-up communications in writing), you will want to share these with your lawyer during your initial consultation.
3. Was Your Requested Accommodation “Reasonable”?
Under each of the laws discussed above, employers are only required to accommodate reasonable requests for disability accommodations. So, when is a requested accommodation “reasonable”? As the U.S. Equal Employment Opportunity Commission (EEOC) explains:
“[A r]easonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.”
If you requested a disability accommodation in good faith based on your specific needs, then your request was most likely “reasonable” under the law. But, here too, a lawyer can assist with assessing your legal rights and determining how best to proceed under the circumstances at hand.
4. Did Your Employer Consider Reasonable Alternatives?
If your employer cannot provide the specific reasonable accommodation that you have requested, it generally cannot reject your request outright. Instead, it must work with you to consider reasonable alternatives. If your employer did not take a good-faith approach to finding a reasonable way to meet your needs, then you may have grounds to take legal action under federal, state or local law.
5. Would Providing an Accommodation Have Resulted in an “Undue Hardship”?
The one circumstance in which employers are not required to provide a reasonable accommodation is when doing so would involve “undue hardship.” But, even in this scenario, employers cannot necessarily reject employees’ requests outright. As the EEOC also explains:
“If the cost of providing the needed accommodation would be an undue hardship, the employee must be given the choice of providing the accommodation or paying for the portion of the accommodation that causes the undue hardship.”
Demonstrating undue hardship involves a relatively high burden. In this scenario, employers must be able to demonstrate that there is no way that they could reasonably accommodate a disabled employee’s needs. As a result, if your employer is claiming undue hardship, this is definitely a scenario in which you will want to talk to a lawyer about your legal rights.
Your Rights if Your Employer Wrongfully Denied Your Request for a Reasonable Accommodation
If your employer wrongfully denied your request for a reasonable accommodation, you have clear legal rights. While your specific rights vary depending on the law (or laws) that protect you, disabled employees’ rights in this scenario generally include:
- The Right to File a Complaint – Depending on your individual circumstances, you may be entitled to file a complaint with the EEOC, the New York Division of Human Rights or in state court.
- The Right to Appropriate Remedies – You are entitled to appropriate remedies for your employer’s wrongful denial. Depending on the circumstances, these could include providing a reasonable accommodation, back pay (with interest), job placement, promotion, or reassignment, among others.
- The Right to Legal Representation – You do not have to handle your disability discrimination claim on your own. If your employer has wrongfully denied your request for a reasonable accommodation, you can—and should—hire an experienced lawyer to help you seek the outcome you deserve.
Schedule a Confidential Consultation with a New York Disability Discrimination Lawyer at Bell Law Group
Do you need to know more about your legal rights after being denied a reasonable accommodation at work? If so, we encourage you to contact us for a confidential consultation. To schedule an appointment with a New York disability discrimination lawyer at Bell Law Group, call 516-280-3008 or tell us how we can help online today.
