Bothell, WA asked in Employment Discrimination and Employment Law for Washington

Q: Can you challenge an employer who wont provide ADA accommodation due to "hardship to the company"?

My employer has denied an employee an ADA accommodation request because it would "cause a hardship" to the company. I know this not to be true, and it is because my employer does not like the individual making the request. Is there some kind of appeal process for a denied accommodation or what rights does my coworker have at this point to challenge this decision?

1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
  • Employment Law Lawyer
  • Columbus, OH

A: While the ADA does not require employers to grant accommodations of an employee's choosing, it does require employers to engage in an "interactive process" to identify accommodations that work for both parties. The co-worker should ask why the company believes their request would cause a hardship if they haven't already. They should also work with their doctor to identify potential additional solutions that would assist them in performing their job outside what they've already requested to present to your employer.

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