Employees may find themselves with a temporary or permanent disability that inhibits their ability to perform all of their job duties. As an employee in Rhode Island, you have the right to ask your employer to provide reasonable accommodations that allow you to perform the essential functions of your job comfortably and successfully. In other words, employers are legally required to work with you to offer reasonable accommodations that take into account your specific needs and support your ability to fulfill your job responsibilities. For example, someone who develops a physical or mental medical condition or disability that substantially impairs one or more major life activities has the right to ask their employer to accommodate their request for reasonable accommodations like taking a brief unpaid leave for doctor appointments, performing their job duties while seated instead of standing, telework or remote work, adjusting the work schedule to accommodate the worker’s needs, or other accommodations recommended by a medical provider..
Both state and federal laws protect the rights of employees with disabilities. The Americans with Disabilities Act (ADA) and Rhode Island state laws protect workers from acts of discrimination at the hands of their employers. However, if you were recently denied reasonable accommodation by your employer, you have the right to explore your legal options. Enlisting the guidance of a trusted and experienced employment law attorney can give you the clarity and confidence you need to redress your employer’s failure to honor your reasonable accommodation request. Let’s take a look at some of the steps you can take when facing an ADA reasonable accommodation denial in Rhode Island.
Understanding Reasonable Accommodations in Rhode Island
First, it’s helpful to understand what the term “reasonable accommodation” means for both workers and employers in Rhode Island. According to the U.S. Equal Employment Opportunity Commission (EEOC), “When job applicants or employees request job modifications, the disability laws require employers in the private, federal, and state and local government sectors to provide reasonable accommodations (changes to the ways things are usually done) to employees and job applicants who have or had an impairment that substantially limits a major life activity, unless doing so would cause undue hardship for the employer.” In other words, an employer is legally obligated to work with the employee requesting reasonable accommodations to honor their request. However, this does not automatically mean that the employer must provide the exact accommodation requested by the employee; instead, the employer and the employee can work together to find a workable solution that accommodates the needs of the employee. That process is called the interactive dialogue process, and employers must engage in the process in good faith. If implementing the accommodations would present an undue hardship to the employer—meaning that the proposed accommodation would be significantly logistically difficult or too expensive to provide as explained in more detail below—the employer may deny this request. As long as the employer makes a good faith effort to provide an effective reasonable accommodation (even if it’s not the exact accommodation the employee is seeking), the employer remains in compliance with ADA requirements and state laws.
When Can a Reasonable Accommodation Be Denied?
It’s worth noting that while employers are obligated to work with you to provide reasonable accommodations so that you can fulfill your job duties comfortably and successfully, they do not have to offer the exact accommodation request you make. In some cases, the proposed accommodation may constitute an undue hardship on the business operations, in which case the employer may seek alternative solutions to accommodate your needs. “Undue hardship” refers to an accommodation requiring “significant difficulty or expense,” evaluated based on various factors. According to the EEOC, the determination of whether a reasonable accommodation request presents an undue hardship for the employer is based on several factors, such as the “nature and cost of the accommodation needed; the overall financial resources of the facility making the reasonable accommodation; the number of persons employed at this facility; the effect on the expenses and resources of the facility;” and other considerations. The determination of undue hardship is made on a case-by-case basis. For facilities that are part of a larger organization, considerations include the overall resources and structure of the parent entity, as well as the financial and administrative relationship between the facility and the broader organization. Generally, larger employers with more resources are expected to accommodate greater expenses or efforts than smaller employers with limited resources.
Under the ADA, “An employer cannot claim undue hardship based on employees’ (or customers’) fears or prejudices toward the individual’s disability.” For instance, a worker who uses a wheelchair cannot be assigned job duties that prevent them from interacting with customers out of fear that the employee’s appearance may make the customers uncomfortable.
If a specific accommodation poses an undue hardship, the employer must explore alternative accommodations that do not impose such hardship. Additionally, if the cost of an accommodation would create undue hardship, the individual with a disability may be given the option to cover the portion of the cost that constitutes the hardship or provide the accommodation themselves.
If you have questions about which requests qualify as reasonable accommodations, reach out to a knowledgeable and caring employment law attorney for customized legal guidance.
What to Do if You’re Denied Reasonable Accommodation at Work
If you want to request accommodations at work, you must notify your employer and inform them of your request. While it’s not legally required to make the request in writing, it is strongly recommended. A written request creates a clear, dated record that may be useful if disputes arise later. Your request should specify that it is being made due to a disability and outline the specific accommodation(s) you are seeking.
Your employer may only request additional information from your doctor or medical provider if the disability and the need for accommodation are not obvious. If the disability or the requested accommodation is clear and apparent, the employer cannot demand further documentation to substantiate your request. When additional information is needed, the employer’s request must be strictly limited to details directly related to the disability and the specific accommodation being requested. You are under no obligation to sign a release granting your employer access to your entire medical history. Any medical information you provide must be kept confidential and accessed only on a need-to-know basis.
Once your request is made, your employer is legally required to engage in an interactive process with you. This means they must work collaboratively to explore potential accommodations and identify solutions that are reasonable and effective. Delays or refusals to engage in this process in good faith may constitute a violation of the ADA and similar Rhode Island and Massachusetts state laws providing for reasonable accommodation.
If your employer denies a reasonable accommodation, retaliates against you for making a request, or delays the process without valid justification, you have the right to seek legal counsel. A highly qualified employment law attorney can help you evaluate your options, including filing a complaint with the Equal Employment Opportunity Commission (EEOC), the Rhode Island COmmission for Human Rights (RICHR), or the Massachusetts Commission Against Discrimination (MCAD), which may be necessary before pursuing legal action. Your attorney will review the details of your situation, ensure you understand your legal rights, and develop a strategy to maximize your chances of obtaining a fair and favorable outcome.
Knowing your rights under the ADA empowers you to advocate for the accommodations you need to thrive in the workplace.
Learn More About Denying Accommodation Request Matters and How to Redress Them
As an employee, facing an ADA reasonable accommodation denial can be incredibly discouraging and overwhelming. It’s natural to feel powerless in this situation, especially when you feel as if you are taking on a larger corporate entity that is refusing to acknowledge your request for reasonable accommodation. Whether you have been denied reasonable accommodation to work from home by your employer or you are struggling with another ADA reasonable accommodation request denial, working with a caring and experienced Rhode Island employment law attorney is the best way for you to understand your legal rights and options. Together, you and your reasonable accommodation attorney can develop an effective legal approach that allows you to uphold your legal rights and secure the favorable outcome you deserve.
At Sinapi Law Associates, Ltd., we are committed to pursuing justice for those facing workplace discrimination, harassment, wrongful terminations, and securing reasonable accommodations for workers. If your ADA request for reasonable accommodation has been denied, give us a call at (401) 739-9690 to discuss your legal rights and options with a dedicated and experienced Rhode Island employment law attorney.
