LILIA: When can my employer legally deny
my reasonable accommodation request?
RALPH: Your employer has to evaluate
reasonable accommodation requests on a case-by-case basis
and respond in a timely manner.
Your employer can deny your request if it is not reasonable.
Their evaluation is not just about
whether you've proven you have a need.
The evaluation of what is reasonable depends
on the particulars, because every job, workplace
and individual is different.
Your employer's response will depend
on your specific circumstances and the wording of your request.
SUSANNE: Employers are legally allowed to deny your request if:
one, you do not have a disability-related need for it,
or two, it will pose a direct threat to health and safety,
or three, it creates an undue hardship for the employer.
An "undue hardship" is something that
waives essential functions or qualifications for your job,
requires a fundamental alteration
to how the business operates,
or creates an undue financial or administrative burden.
Your employer does not have to give you
the exact accommodation you asked for.
They are allowed to provide an alternative accommodation,
as long as it is at least as effective
at addressing the obstacle you're facing.
SARAH: Let's discuss some examples
of requests that could be denied and why.
An example of a request with no disability-related need
could be an employee asking to work a compressed schedule
because the commute is too long.
The employer should prompt you to explain
how this connects to a disability,
but if you don't, they can deny the request.
A request that presents a direct threat
to health or safety could be...
...asking to store a walker in a main hallway
where it is blocking the exit route.
This would probably not be reasonable for fire safety.
RALPH: An example of waiving essential job functions
or qualifications could be... if answering phone calls
is an essential function of your job,
a request to be exempt from answering the phone
is unlikely to be considered reasonable.
An example of fundamental alteration could be,
a teacher asking their school
to make the course they teach an online course,
when the school only offers in-person courses.
This would be asking the school
to fundamentally change the service that they provide.
SUSANNE: It can be hard to know when exactly
a request would be considered an undue burden.
Employers are responsible for the cost or effort
of providing reasonable accommodations.
Undue burden refers to situations
where providing the accommodation is excessive
for the size and resources of the employer.
Examples of requests that would often be considered
an undue burden include:
asking to frequently make last-minute changes
to a schedule that would make it hard for the employer
to provide their services
without unfair disruption to other employees.
Asking your employer to hire an assistant
to help you do your job,
or asking for a soundproofed office
when the cost of providing this
is an excessive expense for the small business.
In all the examples we've described,
the employer can deny the accommodation requested.
However, they should then consider
whether there are alternative accommodations
they can provide to address the workplace obstacle
the employee is facing because of their disability.
LILIA: For individualized guidance,
visit mass.gov/MOD/ContactUs,
or call (617) 727-7440.
This video provides an introductory overview.
Employment situations are often complicated
and depend a lot on details of the situation.
Please visit mass.gov/MOD/DisabilityRights
for more details on when and how the A.D.A. applies.
None of our content should be considered legal advice.
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