If you have a physical or mental condition that limits one or more of your major life activities and renders it difficult for you to fulfill your job duties, your employer likely has an obligation to work with you to explore reasonable accommodations that mitigate the challenges caused by your condition and allow you to perform successfully on the job. This is called the “interactive process,” and this protection applies even if the disabling condition is temporary, such as during a pregnancy.

Our firm is committed to protecting the rights of individuals of all abilities to fair and equal treatment. If you believe you might need accommodations for a disability, pregnancy, or leave of absence, it is important to understand your rights. We aggressively pursue cases in which employers unfairly deny reasonable accommodations, including winning a record-setting seven-figure jury verdict on behalf of a blind employee, and we have recovered millions more for employees denied accommodations needed because of cancer, traumatic brain injury (“TBI”), depression, and many other disabilities or because they were pregnant.

Do I need to disclose my specific condition in order to receive an accommodation?

No. If the disabling condition is not obvious, your employer can require medical documentation confirming that you have a disability and a need for an accommodation, but you do not have to disclose your specific diagnosis or provide medical or mental health documents that do so.

What types of accommodations are reasonable?

The types of accommodations that are reasonable depend on the specific situation you find yourself in, including the limitations caused by your condition and the nature of your job. Depending on the circumstances, reasonable accommodations can include modifications to your workplace facilities, acquisition of new equipment to assist you, changes to your work schedule or temporarily transferring you to a less hazardous position.

What if my employer rejects the accommodation I request?

Even if your employer denies the accommodation you request, your employer has to engage with you in a dialogue to learn more about why the accommodation you requested is necessary and explore other feasible accommodations that may allow you to perform successfully on the job.

Are there instances when an employer doesn’t have to provide me with accommodations?

Yes. There are some situations when an employer does not need to provide you with an accommodation, such as when you work for a small employer that isn’t covered by accommodation laws or when all available accommodations would result in an undue hardship for the employer.

In what types of situations am I entitled to a protected leave of absence?

There are lots of life events that require workers to take some time off of work. Depending on the reason you need to take time off, your employer may be required to offer you a leave of absence and guarantee that your job will be there for you when you return. If you have a serious health condition or a close family member has a serious health condition that requires your care, you may be entitled to a leave of absence of up to twelve weeks. Similarly, if you have a new child that you’d like to bond with, your employer likely has an obligation to offer you a protected leave. Other events may also entitle you to protected leave such as a pregnancy or military deployment.

Are there times when an employer doesn’t have to provide a protected leave?

Yes. There are situations when an employer does not need to provide you with certain types of protected leaves, such as when you work for a small employer or when you recently started working for the employer.

If you have questions about your rights to workplace accommodations or a leave of absence, please contact one of our attorneys.