Retaliation Against Employees Who Request Reasonable Accommodations
The ADA protects disabled employees’ right to request accommodations to be able to perform their job functions. Employer retaliation against employees who request reasonable accommodations is illegal under the ADA. Still, many employers fail to provide appropriate accommodations or engage in discriminatory behavior toward an employee who has requested an accommodation.
The Americans with Disabilities Act (ADA) and Reasonable Accommodation
The Americans with Disabilities Act (ADA) is a piece of legislation passed in 1990 that protects employees with disabilities from employer discrimination or retaliation and provides a legal basis for employees to request accommodations. Under ADA protections, employees may request accommodations for work or during the hiring process.
Employers must provide acceptable accommodations for employees with disabilities at the employee’s request, and only as long as the accommodation does not bring undue hardship to the employer. If a disabled employee requests an accommodation, the ADA prohibits retaliation against employees who request reasonable accommodations. “Reasonable accommodations” may include:
- Allowing an employee a chair to perform their work
- Providing aids for blind, deaf, or hard-of-hearing employees, such as braille keyboards, closed captioning, and screen readers
- Using sign language interpreters or other disability assistance for work, training, or the initial job interviews
- Allowing additional leave time for employees who need regular medical appointments for their conditions
Know that employers with fewer than 15 employees don’t qualify for ADA requirements to make reasonable accommodations. However, larger companies must adhere to the requirements and protections outlined in the ADA.
Adverse Actions Employers Take Against ADA Regulations
An employer who retaliates against a disabled employee may deny that employee’s accommodation request. Other types of retaliation can include:
- Unlawful termination or passing over a promotion that the employee was due
- Threatening action against the employee
- Conducting additional evaluations or giving negative evaluation scores
- Monitoring an employee more after the employee requested an accommodation
- Providing unsupported negative references
- Deterring employees from exercising their rights under the ADA
How an Attorney Can Help with Your Claim of Adverse Employment Action
As a disabled employee, you have the right to:
- Request reasonable accommodations at work
- Oppose a potentially discriminatory practice at work
- Bring your employer up on charges of employer discrimination
If your employer attempts to deny or impede your access to accommodations for your disability, you may be able to bring a case against them to protect your right to work at your job without discrimination. An employment attorney with experience in discrimination cases for ADA retaliation can help you gather the evidence for a claim to build a case against your employer.
Contact an ADA Compliance Attorney in Florida or Georgia
Retaliation against employees who request reasonable accommodations for their disabilities is illegal. If you believe your employer has discriminated or retaliated against you, call us at The Leach Firm, P.A. Our employment attorneys have years of experience fighting discrimination cases across Florida and Georgia. Call us today at 844-722-7567 or contact us online to schedule a consultation with a lawyer.