Q: Is asking for an ADA accommodation enough to meet the standard under federal and state law in employment?

A: We are located in New York, but here are a few things to consider under federal law. You say that your employer claims that the federal ADA and State law do not apply to them. Note generally speaking, once you make an accommodation request, your employer:

      •   Must engage in a good faith interactive process.

      •   May request reasonable documentation of the disability and need for accommodation.

      •   Cannot flatly deny the request without exploring possible solutions.

   •   Claiming exemption from ADA or state disability laws in general (for the FLA FCRA - check with a Florida attorney) is not valid unless:

      •   Under federal law, the employer has fewer than 15 employees (ADA threshold).

      •   Florida law, and the FCRA, may have a similar threshold and be exempt if your employer has fewer than 15 employees. (Check with a Florida attorney again.)

Assuming you have been employed there for 12 months or longer (another ADA threshold) keep in mind the following: Under the Federal: Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., (check Florida: Florida Civil Rights Act (FCRA), Fla. Stat. § 760.01 et seq. by consulting a FLA attorney), employment discrimination based on disability is prohibited and require reasonable accommodations. ADHD and Autism Spectrum Disorder (ASD) can qualify as disabilities under both federal and state laws if they substantially limit major life activities (e.g., concentration, communication).

Supporting documentation (e.g., diagnosis, medical provider statement) is not always required up front but may be requested by your employer to substantiate your disability and need. You have to inform your employer of the disability and request a specific accommodation. The request does not need to be in writing, and does not need to use legal terms but you should have your medical providers give you a a clear understanding of what accommodations you need and communicate that specific request to your employer. Simply making a clear request is generally enough to trigger the employer’s duty to engage in the “interactive process.”

I’m not entirely clear on what you mean by “privacy concerns,” (your privacy or private proprietary information of your employer?) Generally speaking, privacy may be a concern, but not a blanket excuse to deny an accommodation request. Sharing meeting notes with you is typically not a privacy violation if it pertains to your own work. If these notes you requested apparently as part of your accommodation request are arguably subject to proprietary IP employer restrictions or concerns, consider an alternative accommodation request if your exact request did pose a legitimate privacy or an operational issue.

If your employer refuses to engage in the interactive process or provide reasonable accommodation, you can file a charge with the EEOC (federal) or Florida Commission on Human Relations (FCHR) (again check with a local attorney). You have 300 days under federal law.

Again, just asking for an accommodation is generally sufficient to invoke protections under the ADA and Florida’s FCRA. The employer’s blanket refusal and claim of legal exemption, without engaging in the interactive process or requesting documentation, may be a violation of the law if that is indeed what happened here.

A: Simply asking for an ADA accommodation is the crucial first step, but it is not always enough by itself to guarantee legal protection. Under both federal and Florida law, your request must be clear enough that your employer understands you are seeking changes due to a medical condition. It’s important that you communicate your needs and provide any supporting documentation if your employer asks for it, though the law does not require you to use specific words like “ADA” or “reasonable accommodation.”

Once you make your request, your employer is required to begin an “interactive process” with you to discuss possible accommodations. They can ask for some medical information to understand your needs, but they cannot simply ignore your request or refuse based on blanket policies. Privacy concerns may be relevant in some situations, but they do not automatically allow an employer to refuse a reasonable accommodation, especially when those accommodations do not violate confidentiality or cause undue hardship.

If your employer says they are not subject to federal or state laws, you might want to check whether the company has enough employees to be covered by the ADA (usually 15 or more employees) or Florida’s own disability laws. If you have documentation supporting your condition and your need for accommodations, you are in a stronger position. It’s important to keep a written record of all communications with your employer about this issue. If you feel your rights are being ignored, consider reaching out for advice or assistance to make sure your situation is handled appropriately.