If you have a disability and your employer refuses to accommodate you, you may have legal rights under federal and Illinois law. Many employees don’t realize that employers are required to provide reasonable accommodations to help them perform their job unless doing so would cause significant difficulty or expense.
This guide explains what reasonable accommodations are, what your rights are, how to request an accommodation, and what to do if your employer refuses. If you’re facing disability discrimination at work, our law firm can help you fight back.
What Is a Reasonable Accommodation?
A reasonable accommodation is a change to the workplace or job duties that helps a worker with a disability perform their job without placing an unfair burden on the employer. Employers must provide accommodations unless doing so would cause an undue hardship – meaning significant difficulty or cost.
Examples of reasonable accommodations include:
- Adjusting work schedules (e.g., allowing medical appointments or a later start time for someone with a mobility issue).
- Providing assistive technology (e.g., screen readers for visually impaired employees).
- Allowing remote work (if the job can be performed from home).
- Modifying job duties (e.g., removing non-essential lifting tasks for someone with a back injury).
- Reassigning the employee to a vacant position if they can no longer perform their original job.
- Providing interpreters or readers for employees with hearing or visual impairments.
- Making facilities accessible (e.g., adding wheelchair ramps, accessible restrooms).
If an accommodation is reasonable and does not create an undue hardship, the employer must provide it.
What Laws Protect You?
Americans with Disabilities Act (ADA)
The ADA requires employers with 15 or more employees to provide reasonable accommodations to workers with disabilities.
Illinois Human Rights Act (IHRA)
The IHRA provides additional protections and applies to all employers with one or more employees in Illinois. This means even small businesses must provide accommodations.
How to Request a Reasonable Accommodation
If you need an accommodation, you must ask for it – employers are not required to offer accommodations unless you make a request. Here’s how to do it:
Step 1: Notify Your Employer in Writing
- Send an email or letter to your manager or HR department explaining your disability and the accommodation you need.
- Keep the request simple and clear. You do not need to disclose every detail of your medical condition, but you should explain how it affects your ability to work.
Example:
“I have a medical condition that limits my ability to stand for long periods. I am requesting a reasonable accommodation to use a stool while working at my station. Please let me know how we can discuss this further.”
Step 2: Provide Medical Documentation (If Requested)
- Employers can ask for medical documentation if the disability is not obvious.
- Your doctor should provide a brief statement confirming your condition and why the accommodation is necessary.
- Employers cannot demand full medical records or excessive details.
Step 3: Engage in an Interactive Process
- Employers must work with you to find a reasonable solution.
- If your request is too difficult or expensive, they must suggest alternative accommodations.
- If an employer refuses to discuss accommodations, they may be violating the law.
What If Your Employer Denies Your Request?
If your employer refuses to accommodate you, delays responding, or retaliates against you, you have legal options:
Step 1: Document Everything
- Keep copies of your accommodation request, emails, and any responses.
- If your employer denies your request, ask for the reason in writing.
- If you experience retaliation (e.g., demotion, negative performance reviews), write down dates and details.
Step 2: File a Complaint
- Illinois Law: File a complaint with the Illinois Department of Human Rights (IDHR) within 300 days of the violation.
- Federal Law: File a complaint with the Equal Employment Opportunity Commission (EEOC) within 300 days.
- Chicago Law: You may also file a claim with the Chicago Commission on Human Relations (CCHR).
Step 3: Seek Legal Help
- If your employer refuses to accommodate you, retaliates, or discriminates, you may have a strong legal case.
- You could be entitled to financial compensation, job reinstatement, or a court order forcing your employer to provide accommodations.
What Can You Recover?
If your employer violates your rights, you may be entitled to:
- Lost wages (if you were fired or forced to take unpaid leave).
- Compensation for emotional distress.
- Punitive damages (if your employer intentionally discriminated against you).
- Legal fees and costs.
- Job reinstatement or accommodation approval.
Why You Should Take Action Now
Many employees struggle in silence, fearing they will lose their job if they ask for accommodations. But Illinois and federal law protect you, and taking action can:
- Ensure you get the accommodations you need to succeed at work.
- Hold employers accountable for violating disability rights.
- Help you recover damages if you were wrongfully denied accommodations or faced retaliation.
If your employer refuses to provide accommodations, retaliates, or discriminates against you, contact our law firm today. We can help you file a complaint, fight for your rights, and recover the compensation you deserve.