The “duty to accommodate” under the Americans with Disabilities Act (ADA) refers to the responsibility of employers to provide necessary adjustments for employees with disabilities. This could include modifying work schedules for medical appointments, providing light duty, or offering assistive technologies. However, the “duty to accommodate” extends beyond these examples. Certain criteria need to be met for an employee to qualify for accommodation. A New York Disability Lawyer can guide you in understanding your rights. This article will focus on the extent of an employer’s obligation to provide a specific accommodation requested by an employee.
What Happens if Your Employer Denies Your Requested Accommodation?
The employee typically has the initial responsibility to inform their employer of their disability and request accommodation. However, in some instances, if the employer is aware of the disability, the employee may not need to explicitly mention it. Once aware, the employer should initiate an “informal interactive process” with the employee to determine a reasonable disability accommodation. If the employer makes a sincere effort to provide a reasonable accommodation, they have fulfilled their duty. However, if the employee rejects the proposed accommodation, they may lose their protected status. An employer is only required to make a “reasonable” accommodation, not necessarily the exact accommodation requested by the employee. What constitutes a reasonable accommodation? That’s a question best directed to a NY Disability Lawyer.
Has your employer failed to provide a reasonable disability accommodation? It’s time to take action. Don’t struggle in silence – contact the expert New York Disability Lawyers at DeToffol & Gittleman at (212) 962-2220 or fill out our online form for a free, no-obligation consultation today. Together, we can navigate the complexities of your situation, understand your rights, and work diligently to secure the fair and just treatment you are entitled to under the law. Don’t wait! Your rights and your job are too important. Contact us today and let’s start the journey towards resolution and fairness.
Please note, the information provided in this blog post is for informational purposes only, and should not be construed as legal advice.