Failure to Accommodate

As part of our employment practice, Shelton Law Practice, LLC represents employees who have been denied reasonable accommodation in the workplace in violation of the American With Disabilities Act (ADA).


If you are a person with a medical condition or a disability, you may be entitled to certain protections under the ADA.  One of the protections afforded to such individuals includes the  legal right to ask your employer for reasonable accommodation.


Under the law, an employer must provide reasonable accommodation to employees who suffer from a medical condition or disability and require an accommodation to perform their jobs, unless doing so would create an undue hardship for the employer.  What qualifies as an undue hardship for an employer largely depends on the nature of the employee’s request for an accommodation, the associated costs, the employer’s resources, and other limitations or challenges that may arise if the employer were to provide the requested accommodation.

 

An employee’s need for accommodation in the workplace can vary greatly from one worker to the next as accommodations largely depend on the medical condition or disability at issue.  Therefore, it is best to consult with a medical professional when trying to determine the accommodation that would best suit your individual needs. General examples of accommodations can include, but are not limited to, the following:

  • Leave Requests
  • Modified Work Schedules
  • Reassignment
  • Job Restructuring
  • Modified Policies
  • Specialized Work Equipment
  • Teleworking

If you have requested an accommodation and believe your employer has failed to take appropriate action, you should contact us today to learn more about possible legal action.  We can help you make an informed decision about your potential failure to accommodate claim.