Failure to Accommodate Attorney - Demand Fair Treatment

When you ask for an accommodation, your employer cannot just say "no." They must engage in an interactive process with you. That means:

• Identifying your specific limitations and essential job functions.
• Discussing accommodation options you propose.
• Considering alternatives if your first request poses difficulty.
• Documenting the outcome in writing when a decision is made.

If HR never schedules a meeting, ignores your doctor's note, or stops responding after one email, that failure can support an ADA claim even before a final denial.

Accommodations are often simple and low-cost. Common examples include:

• Flexible schedule: Later start time for medication side effects or doctor appointments.
• Equipment: Sit-stand desk, ergonomic keyboard, or screen reader software.
• Policy changes: Allowing a cashier to sit on a stool or permitting a service animal.
• Reassignment: Moving you to a vacant position you are qualified for when your current role is no longer feasible with accommodation.
• Leave: Unpaid time off for treatment when other adjustments cannot immediately restore full duty.

The right accommodation depends on your job duties and medical restrictions — not a one-size-fits-all checklist from HR.

Employers sometimes hide behind "undue hardship" without analysis. Under the ADA, undue hardship means significant difficulty or expense in light of the employer's size, resources, and the nature of its operations (42 U.S.C. § 12111(10)).

Cost alone rarely excuses every request. Many accommodations cost little. If your employer claims hardship, they should explain why and offer a lesser alternative that still lets you work.

A failure to accommodate attorney compares the employer's stated reason to payroll data, org size, and whether coworkers received similar adjustments.

Before suing in federal court, you generally must file a Charge of Discrimination with the EEOC. The filing deadline is usually 180 days from the denial or retaliatory act, or 300 days where a state or local agency enforces the same type of claim.

After a Notice of Right to Sue, you typically have only 90 days to file suit. Missing the charge deadline can bar your federal claim even when the employer clearly broke the interactive-process rules.

Our EEOC process guide explains charge drafting, investigation, and litigation timing.

Successful failure-to-accommodate claims can yield reinstatement, back pay, front pay, compensatory damages for emotional harm, punitive damages when conduct was especially malicious, and attorney's fees. Combined compensatory and punitive damages are capped under 42 U.S.C. § 1981a based on employer size — from $50,000 up to $300,000. Back pay is not subject to those caps.

When termination or discipline follows your accommodation request, you may also have a retaliation claim. We map each theory to the evidence before filing with the EEOC.

Build your paper trail now:

• Written accommodation requests and HR responses.
• Doctor's notes describing restrictions without oversharing diagnosis.
• Performance reviews before and after your request.
• Termination letters, write-ups, or schedule changes tied to your medical needs.
• Names of witnesses who saw you struggle without the requested help.

Then request a free case review so we can evaluate your interactive-process claim before a deadline expires.