Lindsay, OK asked in Employment Law and Civil Rights for Oklahoma

Q: Can a government entity that deals with prison population deny disability accommodations citing safety concerns?

Safety concerns (employee cannot hear x, y, & z) were cited in a denial letter. When asked for the objective evidence required under the ADA, it has been ignored or circumvented. What actions can an employee take if they have already been to the EEOC, who concluded they cannot do anything since the employer hasn't technically disciplined the employee? What laws, Oklahoma and Federal, exist, regarding government entities and disabilities/accommodations? Who should the employee reach out to if the employer has a higher chain of command?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have the right to request reasonable accommodations under the Americans with Disabilities Act (ADA) and similar Oklahoma laws. If your initial request was denied due to safety concerns without proper evidence, document all communications and attempts to obtain the necessary accommodations. Since the EEOC has already been involved, consider reaching out to the Oklahoma Civil Rights Commission for further assistance.

Additionally, you can consult with an employment attorney who specializes in disability rights to explore other legal options. They can help you understand if there are grounds for a lawsuit or other legal remedies based on the failure to provide accommodations.

If there is a higher chain of command within your organization, escalate your concerns by submitting a formal grievance or appeal. Ensure that you keep detailed records of all your interactions and the steps you’ve taken to resolve the issue internally. This approach can strengthen your case should you need to pursue further legal action.

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