Failure to Accommodate a Disability

Do you need a reasonable accommodation at work for your disability (including pregnancy), but your employer is refusing to provide one? Is your employer forcing you to work outside of your doctor’s restrictions? Have you been terminated because your employer claims that it cannot accommodate your disability or medical condition?

You deserve to be fairly treated at work regardless of your disability. Each case is different and must be evaluated by a professional. Also, there are specific time limits as to when a failure to accommodate lawsuit can be filed. Call our office or fill out the contact form for a free consultation with one of our experienced labor and employment law attorneys.

Failure to Accommodate Disability FAQ:

Q:    When I told my supervisor about my disability restrictions, I was immediately told that I could not be accommodated, and then was let go from the job. Can they do this?

A:    Generally, no. When you requested a reasonable accommodation for your restrictions, your employer was required to have an informal dialogue with you to see whether you could be accommodated without it creating an undue hardship on the employer. This is known as the “interactive process.” There are many other factors which go into a failure to accommodate claim, so contact us for a free consultation.

Q:    I was out on disability leave but am now ready to work. However, my employer says that it will not let me back to work until I am 100% better. Can they do that?

A:    Again, generally not, but it depends on many factors – including your job description and actual duties performed, as well as whether you can perform your job with or without accommodation. Contact one of our experienced attorneys to discuss your particular situation.

Q:    As a reasonable accommodation, my employer is having me compete for other jobs in the company.   Is this actually allowed?

A:    With limited exceptions, no. Generally, if you cannot perform the essential functions of your current position because of a disability (either with or without accommodation), and you are fully qualified for a vacant, non-promotional position within the company, you are not required to compete for it.

Please contact us for your free consultation to discuss any similar issues you are having with accommodation.

“Disclaimer: The above is presented for informational purposes only, and should not be construed as legal advice. Every case has its own set of facts and needs to be evaluated individually. NSL Law Firm cannot guarantee the outcome of any case or claim. In order to receive professional legal advice, you must contact an attorney.”