Employees with disabilities have the right to reasonable workplace accommodations under the Americans with Disabilities Act (ADA). Altering workspaces can help disabled employees perform their job duties more effectively.
Employers may refuse accommodations if providing them would cause undue financial or other hardships. Unfortunately, some employers deny accommodation requests without a valid reason. If you have been unsuccessfully struggling to persuade your boss that you need disability modifications, the following steps may help.
Document your requests and employer responses
Keep a detailed record of each written request, including dates, the specific accommodations requested and supporting documentation from your health care provider. Also, document your employer’s responses. Ensure you include the dates they responded, their reasons for the denial and any counter-offers or alternative accommodations they may propose.
Engage your human resources department
If direct communication with your boss is unsuccessful, involve your company’s human resources (HR) department. HR typically handles employee relations and disability accommodation matters. They may be able to provide guidance, facilitate communication between you and your boss and ensure that the ADA is being followed.
Consider internal grievance procedures
Many businesses have a process for employees with a grievance to follow. If HR’s involvement doesn’t resolve the issue, see if your company has an internal grievance procedure. Not only does this provide additional documentation for your case, but it could also lead to a mutually agreeable resolution.
Remember, you have the right to reasonable accommodations under the ADA and the California Fair Employment and Housing Act (FEHA), and you should not hesitate to advocate for your rights. Taking these steps can help you obtain the workplace alterations you need to perform your job successfully and help support any legal action that might be necessary.