What Legal Protections Exist If My Request Is Denied?

If your accommodation request is denied, or if you experience discrimination or retaliation(definition available), several legal protections exist under federal and state law. This article provides a general overview of those protections.

Federal Protections: The ADA

The Americans with Disabilities Act (ADA) prohibits disability discrimination in employment. Under the ADA:

Employers must provide reasonable accommodation(definition available) to qualified employees with disabilities, unless doing so would cause undue hardship(definition available).

Discrimination is prohibited in hiring, firing, promotion, compensation, and other terms of employment.

Retaliation(definition available) is illegal. Employers cannot punish you for requesting accommodation, filing a complaint, or participating in an investigation.

The ADA applies to employers with 15 or more employees.

State and Local Protections

Many states and localities have their own disability discrimination laws that may provide additional protections:

• Some cover smaller employers (even those with just one employee)
• Some define disability more broadly
• Some provide greater remedies or damages
• Some have longer filing deadlines

Check your state's civil rights agency to understand what additional protections apply.

Enforcement Options

If you believe your rights have been violated, several enforcement paths exist:

EEOC Complaints

The Equal Employment Opportunity Commission (EEOC(definition available)) enforces the ADA at the federal level. You can file a charge with the EEOC, which may investigate the complaint, attempt mediation, or issue a right-to-sue letter.

State Agency Complaints

Many states have their own civil rights agencies that investigate discrimination complaints. Filing with a state agency may be an alternative or supplement to filing with the EEOC.

Private Lawsuits

In some circumstances, you may file a private lawsuit against your employer. Generally, you must first file with the EEOC and receive a right-to-sue letter before filing a federal lawsuit under the ADA.

Potential Remedies

If a violation is found, several remedies may be available, depending on the circumstances:

• Implementation of the denied accommodation
• Back pay for lost wages
• Reinstatement if termination occurred
• Compensatory damages for emotional distress
• Punitive damages in some cases
• Attorney's fees

What remedies might be available in any specific case depends on many factors. An attorney can help you understand what might be possible in your situation.

Important Limitations

Legal protections have limitations:

Strict deadlines apply. EEOC charges must generally be filed within 180 or 300 days, depending on your location.

Not all employers are covered. The ADA applies to employers with 15 or more employees. State laws may differ.

Not all denials are violations. Employers may legitimately deny accommodations that would cause undue hardship(definition available) or that aren't needed for a qualified individual to perform essential job functions.

Proof can be challenging. Discrimination cases often require demonstrating the employer's intent, which can be difficult without clear evidence.

Rights That Can't Be Waived

Some important points about your rights:

• At-will employment doesn't mean you can be fired for requesting accommodation or for discriminatory reasons
• Non-disclosure agreements generally cannot prevent you from filing EEOC charges or participating in government investigations
• Certain core rights cannot be signed away, even in settlement agreements

What This Means for You

Legal protections exist to support your right to accommodation and to protect you from discrimination and retaliation. Understanding that these protections exist is important, but understanding how they apply to your specific situation requires professional legal advice.

If you believe your rights have been violated, consider consulting with an employment attorney who can evaluate your circumstances and explain your options. Many attorneys offer free initial consultations, and some work on contingency.

Next Steps

When Should I Talk to an Employment Attorney?: Getting professional perspective

When Should I File an EEOC Complaint?: Understanding when filing makes sense

Filing Deadlines: The 180/300 Day Rule You Need to Know: Critical time limits

Free and Low-Cost Legal Help for Workplace Discrimination: Resources if cost is a concern

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Disclaimer: This article provides a general overview of legal protections and is not legal advice. Legal protections vary by jurisdiction and circumstance. Consult with a qualified employment attorney to understand how the law applies to your specific situation.