Employees in Indiana who need workplace adjustments due to a disability often turn to the concept of “reasonable accommodations” for support. But what happens if an employer denies such a request? Understanding the legal framework surrounding accommodations can help you determine your rights and next steps. Curlin & Clay Law has compiled this guide to explain the basics of reasonable accommodations in Indiana and what you can do if your employer denies your request.
Reasonable accommodations are adjustments made to a job, work environment, or workplace policies that allow an individual with a disability to perform their job duties. These accommodations are a key component of the Americans with Disabilities Act (ADA) and are also recognized under Indiana law. Examples include:
An accommodation is considered “reasonable” if it does not place an excessive burden on the employer.
While the ADA and Indiana law require employers to provide accommodations, there are circumstances under which a denial may be lawful. Here are some key considerations and examples:
An employer can deny an accommodation if it would create an undue hardship on the business. This means the requested adjustment would be excessively costly, disruptive, or impractical, considering the company’s resources and business operations.
The ADA applies to employers with 15 or more employees. Smaller businesses may not be legally required to provide accommodations under federal law, though state laws may impose different obligations.
The request may be denied if the worker is not a “qualified individual” under the ADA. This means that, even with the accommodation, the employee would still not meet job performance expectations or essential skill requirements.
Employers are not required to grant accommodations that are unreasonable or unrelated to the essential functions of the job. If the request goes beyond what is necessary for the employee to perform their duties or significantly alters the nature of the job, it can be denied.
If your employer denies your request for a reasonable accommodation, there are several steps you can take to resolve the issue.
Ask your employer for specific reasons why the request was denied. Understanding their reasoning can help you identify whether the denial was lawful or find alternative solutions.
If your original request was denied, consider proposing alternative adjustments that might be more feasible for your employer while still addressing your needs.
Keep a detailed record of your accommodation request, your employer’s response, and any communications regarding the matter. Proper documentation can be essential if you decide to pursue legal action in the future.
If you believe your employer unlawfully denied your request, you can file a complaint with the Equal Employment Opportunity Commission or your state’s labor department. They can investigate whether your rights under the ADA were violated.
Consulting a trusted employment law attorney is a valuable step to understand your rights and explore your options with clarity and confidence. An attorney can offer valuable guidance on your next steps and provide representation should legal action become necessary.
Requesting reasonable accommodations can be challenging, especially when faced with a denial. Employers are required to provide accommodations under the ADA and Indiana law unless doing so would create an undue hardship or fall under specific exemptions. Knowing your rights and understanding the legal framework are essential for effectively advocating for yourself. Curlin & Clay Law is here to help. If your accommodation request has been denied or you’re facing workplace discrimination, contact us today for legal support. Let us ensure your rights are protected and help you find the resolution you deserve.
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