Under the Americans with Disabilities Act, when you request an accommodation to address a disability—and the symptoms of that disability that prevent or make it difficult for you to perform the essential functions of your job—you and your employer engage in an interactive process. Ultimately, however, the employer is not required to accept your exact request. Under the law, they are only required to provide a reasonable accommodation.
That means they may offer alternatives. For example, if you have a disability that causes significant distraction and you request to work 100% remotely, the employer may ask about your disability and how it affects the essential functions of your job. If you’re working in a bullpen, for instance, they may suggest placing you in a private office to reduce distractions, rather than allowing remote work.
So, employers are not required to accept your exact request, but they are required to engage in good faith to determine whether the request is too costly, whether it disrupts business operations, whether it fundamentally alters your job, and whether there are alternative solutions that would allow you to perform your job.
It’s also important to know that any denial by an employer must be justified. Don’t feel bashful about challenging a denial if you believe it’s incorrect. The employer should provide a valid reason for turning down your requested accommodation and should offer alternatives. They can’t simply say, “I’m not going to give it to you.”
You also have the right to appeal internally to a higher-level individual or to human resources, depending on the situation. If it turns out that you are not provided an accommodation and you believe there is no reasonable alternative, you always have the right to file a complaint with the Equal Employment Opportunity Commission alleging disability discrimination.
If you have further questions, this is a very complex topic. Feel free to reach out to Eric’s team below—we’re happy to answer those questions for you.