If a medical condition, disability, or pregnancy is making it harder to do your job, you may have the right to ask your employer for a reasonable accommodation. In this video, employment attorney David Fish of Workplace Law Partners explains what a reasonable accommodation is, how to request one, and what your employer is required to do once you ask.
What Is a Reasonable Accommodation?
A reasonable accommodation is a change to your job, your schedule, or your work environment that allows you to perform your essential job duties despite a disability or medical condition. Common examples include a modified schedule, additional or longer breaks, remote work, assistive equipment, a reassignment of certain non-essential tasks, or leave for treatment or recovery. The right accommodation depends entirely on your specific situation and your job duties, so what works for one employee will not necessarily apply to another.
Who Is Covered
The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodations to qualified employees with a disability, unless doing so would cause the employer an undue hardship. Illinois law offers additional protection through the Illinois Human Rights Act, which covers smaller employers than federal law does. Pregnant employees are also entitled to accommodations under both the Pregnant Workers Fairness Act and Illinois law, even without a separate disability.
How to Request an Accommodation
You do not need to use any specific legal language to ask for an accommodation. Simply telling your employer that you have a medical condition and need a change at work to help you do your job is generally enough to start the process. That said, it is a good idea to make your request in writing, such as an email to your supervisor or HR, so there is a clear record of when you asked and what you asked for.
Once you make a request, your employer is expected to engage in what is known as the interactive process, a back and forth conversation to figure out what accommodation will actually work. Your employer may ask for documentation from a healthcare provider describing your limitations, though they are generally not entitled to your full medical history or diagnosis, only the information needed to evaluate the accommodation.
What to Expect From Your Employer
Your employer does not have to give you the exact accommodation you ask for, but they are required to provide an effective one if a reasonable option exists. They can deny a request only if it would cause a genuine undue hardship, meaning significant difficulty or expense given the size and resources of the business, not simply inconvenience. Your employer also cannot retaliate against you for requesting an accommodation, and doing so can create a separate legal claim on top of any accommodation issue.
What If Your Request Is Denied?
If your employer denies a reasonable request without engaging in the interactive process, or refuses to provide any accommodation at all, you may have a claim under the ADA or the Illinois Human Rights Act. Keep records of your request, any medical documentation you provided, and your employer's response. These claims generally must be filed with a government agency, such as the EEOC or the Illinois Department of Human Rights, within a limited time after the denial, so it is important not to wait too long before looking into your options.
Frequently Asked Questions
Do I have to disclose my specific diagnosis to get an accommodation?
No. Your employer is generally only entitled to enough information to confirm that you have a condition covered by the law and to understand the limitations it causes, not your full medical history.
Can my employer say no to my accommodation request?
Yes, but only if providing it would cause a genuine undue hardship, or if a different, equally effective accommodation is available. A denial without any discussion or alternative offered is a red flag.
What should I do if I think my request was wrongly denied?
Document everything in writing and consider speaking with an employment attorney, since claims under the ADA and the Illinois Human Rights Act have filing deadlines that can pass quickly.
David Fish is an employment attorney and founder of Workplace Law Partners, representing employees in disability discrimination, accommodation, and related workplace matters throughout Illinois.