Reasonable Accommodation Denials Under the ADA in Tennessee

Under the federal Americans with Disabilities Act (ADA), it is illegal for employers to discriminate against qualified employees with disabilities. When a worker has a disability that interferes with their ability to perform essential job functions or to work and enjoy equal benefits and privileges as workers without disabilities, the ADA requires employers to provide reasonable accommodations unless doing so would cause an undue hardship.

If you have a qualifying medical condition that limits or impairs your ability to perform one or more functions of your job, understanding how reasonable disability accommodations work and your rights under the ADA is crucial. While your employer may deny your request under limited circumstances, an improper denial may give you grounds to pursue a disability discrimination claim.

Why Can an Employer Deny a Reasonable Accommodation Request?

Under 42 U.S.C. § 12112(b)(5)(A), an employer generally must provide a reasonable accommodation to a worker unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business.

Some of the factors that employers may consider when evaluating whether an accommodation would pose an undue hardship include:

• The nature or cost of the accommodation
• The employer’s financial resources and the effect of the accommodation on expenses or revenue
• The employer’s operations, including the size, structure, and function of its workforce
• The effect of the accommodation on the employer’s operations, including how the accommodation may affect the ability of other employees to perform their duties

When Does a Reasonable Accommodation Denial Violate the ADA?

A denial of a reasonable accommodation request may violate the ADA if the employee is qualified, the particular reasonable accommodation would be effective, and the employer denies it without a legally sufficient reason, such as undue hardship.

An employer may also violate the ADA by failing to engage in the “interactive process.” If an employee puts an employer on notice of his/her need for a reasonable accommodation, the employer has an obligation to have reasonable discussions with the employee to determine whether a reasonable accommodation is available and will be effective. During this informal process, the employer can determine whether the employee’s disability meets the ADA’s definition of disability, assess the merits of the requested accommodation, request reasonable documentation, or propose alternative accommodations. Failing to engage in the interactive process may contribute to an unlawful denial because it prevents the individual with a disability from exploring alternative reasonable accommodations at work.

What Should You Do If Your ADA Accommodation Request Is Denied?

Take these steps if you have had a reasonable accommodation denied in Tennessee:

• Document your request. An ADA accommodation request does not have to be in writing or use the words “reasonable accommodation,” but submitting a written request can help create a record of what you requested and when.
• Keep copies of relevant records. Save correspondence, employer responses, medical documentation, and other records related to your accommodation request.
• Participate in the interactive process. Discuss your limitations and potential accommodations with your employer, including whether an alternative accommodation could effectively address your needs.
• Gather relevant medical documentation. If your disability or need for an accommodation is not obvious, your employer may be permitted to request reasonable documentation regarding your disability and functional limitations.
• Consider filing an EEOC charge. In Tennessee, an employee generally has 300 days from the date of the alleged discrimination to file a disability discrimination charge with the Equal Employment Opportunity Commission (EEOC) when the employer has 15 or more employees. Claims against employers with fewer than 15 employees may be subject to different requirements and deadlines under Tennessee law. Because filing deadlines can vary depending on the circumstances, don’t wait if you believe you have a valid reasonable accommodation complaint.

Finally, consider consulting a disability discrimination attorney to understand your ADA rights and legal options.

Speak With a Nashville ADA Lawyer About a Denied Accommodation Request

If you are an employee with a disability and have concerns about whether your employer lawfully denied your reasonable accommodation request, reach out to a Nashville ADA lawyer from the Employment and Commerce Law Group today. With nearly 40 years of combined experience, our attorneys can investigate your claim and identify your legal options to pursue the best possible resolution.

Since 2017, our employment lawyers have built a strong track record of wins in lawsuits involving Fortune 500 companies, government agencies, insurance companies, restaurants, and other entities, including a $325,000 award for one client in an ADA discrimination case. Call today at (615) 850-0632 or contact us online for a free consultation.