Employees benefit from certain legal protections related to discrimination based on their race, sex and medical condition. Nevertheless, disability discrimination can manifest in a hostile work environment or denied opportunities.
Other times, an employer’s refusal to accommodate a worker with disabling medical conditions could constitute disability discrimination. Those who need accommodations, such as assistive technology or light-duty work responsibilities, may question whether their employers have discriminated against them by refusing those requests or creating hurdles they must overcome to seek accommodations. In some cases, employers have confusing procedures in place for those requesting disability accommodations.
Is it legal for employers to impose specific obligations on workers seeking support from their employers to make their jobs accessible?
Complicated request procedures are common
While businesses generally have an obligation to offer reasonable accommodations to workers with disabling medical conditions, they can create internal practices for submitting and reviewing accommodation requests.
Workers have a right to request accommodations that are medically necessary, but they may need to strictly adhere to their employers’ standard reporting procedures. The employee handbook may include instructions about who to contact and what process to follow when requesting disability accommodations.
If workers fail to follow those rules, the company can then justify a refusal to provide the requested accommodations. Employees concerned about protecting themselves may need legal support while requesting accommodations and documenting their employer’s response to that request.
Requiring a specific procedure from workers who request accommodations is appropriate, but unfairly denying appropriate requests is not. Employees who understand their rights and follow the right protocols can more effectively protect themselves when facing disability discrimination related to workplace accommodations.