Employees with disabilities have the right to reasonable accommodations under federal, state, and local laws. If an employer in Chicago, Cook County, or anywhere in Illinois refuses to provide a reasonable accommodation without a valid justification, they may be violating anti-discrimination laws. If you believe your employer unlawfully denied your accommodation request, you may have a claim for discrimination.
What Is a Reasonable Accommodation?
A reasonable accommodation is a modification or adjustment that enables an employee with a disability to perform their job. This could include changes to work schedules, providing assistive devices, modifying job duties, or allowing remote work. Employers are required to provide accommodations unless doing so would cause undue hardship—a significant difficulty or expense for the business.
Laws Protecting Employees in Illinois
Employees in Illinois are protected by multiple laws that require reasonable accommodations for disabilities:
- Americans with Disabilities Act (ADA) – Federal law that applies to employers with 15 or more employees.
- Illinois Human Rights Act (IHRA) – State law that applies to Illinois employers with one or more employees.
- Chicago Human Rights Ordinance – Protects employees in Chicago, applying to businesses with one or more employees.
- Cook County Human Rights Ordinance – Extends protections to employees in Cook County outside Chicago, covering employers with 15 or more employees.
Proving a Reasonable Accommodation Discrimination Claim
To succeed in a reasonable accommodation discrimination case, a complainant must prove the following elements:
- They Have a Disability – The employee must show they have a physical or mental impairment that substantially limits one or more major life activities. Medical documentation may be required to support this claim.
- They Were Qualified for the Job – The employee must be able to perform the essential functions of their job with or without an accommodation. If an accommodation is necessary, it must enable them to meet job requirements.
- They Requested a Reasonable Accommodation – The employee must have informed their employer about their need for an accommodation. Requests do not need to be in writing, but written documentation can help establish proof.
- The Employer Denied the Accommodation – The employer must have refused the request outright, failed to engage in an interactive process, or provided an alternative accommodation that was ineffective.
- The Employer Had No Valid Reason for the Denial – Employers can only deny accommodations if they can prove that providing one would cause an undue hardship. A generalized claim of inconvenience is not enough. The employer must show specific financial or operational burdens.
Filing a Complaint for Reasonable Accommodation Discrimination
Employees facing discrimination can file a complaint with one of several agencies:
- Illinois Department of Human Rights (IDHR) – Handles state law violations. Complaints must be filed within 300 days of the discrimination.
- Equal Employment Opportunity Commission (EEOC) – Investigates ADA violations. Complaints must be filed within 300 days for Illinois employees.
- Chicago Commission on Human Relations (CCHR) – Handles violations under Chicago’s ordinance. Complaints must be filed within 180 days of the discrimination.
- Cook County Commission on Human Rights – Investigates violations under Cook County’s ordinance. Complaints must be filed within 180 days of the discrimination.
How a Lawyer Can Help
Employers often claim that accommodations are unreasonable or that no discrimination occurred. A lawyer can help gather evidence, present a strong case, and challenge an employer’s claims of undue hardship. If your employer denied your reasonable accommodation request, you may have a legal claim. Contact our firm today to discuss your options and protect your rights.