What Happens When an Employer Denies a Reasonable Accommodation Request?

Key Takeaways

• Undue hardship depends on the employer’s size, resources, and operations.
• Requesting written reasons and keeping records strengthen a later claim.
• New Jersey workers can sue in Superior Court within two years.
• Remedies may include lost pay, emotional distress damages, and attorney’s fees.

When an employer denies a reasonable accommodation request without a valid reason, the worker may have a discrimination claim under federal law and the New Jersey Law Against Discrimination. Employers can refuse only in limited situations, such as undue hardship. A worker whose request is denied can respond through the interactive process, file a charge, or go to court.

Where Does the Employer’s Legal Obligation Come From?

The legal obligation for the employer to grant a reasonable accommodation comes from the Americans with Disabilities Act. Under the law, an employer discriminates if it fails to make reasonable accommoda

+

tions for the known limitations of a qualified employee or applicant with a disability, unless the accommodation would cause undue hardship. The New Jersey Law Against Discrimination also covers reasonable accommodation requests, and in some ways it goes further than federal law. A reasonable accommodation can also arise in the context of religious observance and practice. 

Why Your Employer May Deny a Reasonable Accommodation

Once you have submitted documentation that shows that you have either a qualifying disability or religious need, the employer cannot deny a request for a reasonable accommodation unless it can show that it poses an undue hardship. Here, the undue hardship must be substantial and not minimal. Some examples of an undue hardship may include the following:

• Costly equipment for a small business: A $40,000 modification may overwhelm a five-person shop while being manageable for a large company.
• Fundamental change to the business: The EEOC’s example is a nightclub that does not have to brighten its lighting for a worker with low vision if that would change the nightclub’s basic character.
• Major operational disruption: Examples include shutting down a production line and leaving a small team unable to cover essential shifts.
• Hiring a second worker: An employer usually does not have to hire someone else to perform the core duties of the job.

My Request Was Denied; What Do I Do Now?

A denied accommodation request is not always the final word. Employers are expected to work with employees in a good-faith interactive process, and a flat refusal without any discussion may raise legal concerns. Workers in this position can take several steps:

• Ask for the reason in writing: A written explanation shows whether the employer claimed undue hardship or questioned the medical need.
• Offer alternatives: A different schedule, piece of equipment, or temporary change may meet the same need at a lower cost.
• Keep records: Save emails, doctors’ notes, and notes from every meeting about the request.
• Use internal appeal options: Many employers have a human resources review process.

Filing a Lawsuit for a Wrongfully Denied Reasonable Accommodation Request

A wrongfully denied reasonable accommodation request is a form of employment discrimination. When it occurs, you may be able to file a lawsuit against your employer, which can both force them to grant the reasonable accommodation and seek damages for what you have suffered. You have the option of filing a claim with the Equal Employment Opportunity Commission. If you have not received a successful resolution, you can take your case to federal court. If you are filing under New Jersey law, you have the ability to take your case directly to Superior Court, so long as you file within 2 years.

You may be eligible for the following in compensation:

• Back pay for wages and benefits lost because of the denial
• Front pay when returning to the job is not practical
• Damages for emotional distress and humiliation
• Punitive damages in cases involving especially egregious conduct
• Attorney’s fees and court costs

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Will Help You Fight Back

The Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can fight for justice and accountability when an employer has violated your rights. Our experienced legal team is ready to discuss your case and determine whether you have a potential lawsuit. Call us at 215-574-0600 or complete our online form today for a confidential consultation. Our office is in Philadelphia, and we serve clients in Pennsylvania and New Jersey.