How to File a Discrimination Claim If Your Employer Won’t Accommodate You

Employers in New Jersey and Pennsylvania have obligations to provide reasonable accommodations for their employees’ disabilities and religious practices under both state and federal law. When employers fail to provide reasonable accommodations as required, this is classified as a form of discrimination—and it provides clear grounds for affected employees to take legal action. If you think you may have a disability or religious discrimination claim related to the denial of a reasonable accommodation, this article provides an overview of what you need to know.

7 Steps for Filing an Employment Discrimination Claim Related to Denial of a Reasonable Accommodation

In this situation—and in all situations involving discrimination in the workplace—it is up to you to protect your legal rights. Nothing is going to happen unless you take action. With this in mind, if you believe that you have been wrongfully denied a reasonable accommodation for your disability or religious practices, you should:

1. Keep Your Copy of Your Request for an Accommodation (if Possible)

As a general rule, employers are only required to provide accommodations to employees who request them. Employers are not required to offer accommodations voluntarily (although they may need to meet general accessibility requirements). This is true even if they know that an employee has a disability or observes certain religious practices.

With this in mind, if you have a copy of your request for a disability or religious accommodation, you should be sure to keep it safe. If you don’t have access to a copy of your request, that’s okay for now—but it will be especially important for you to write down as many details about your request as you can remember.

2. Keep Your Copy of Your Employer’s Response (if Possible)

Likewise, if your employer denied your request for an accommodation in writing, you should be sure to keep your copy of the denial as well. Whether you received a formal letter, an email, a direct message or any other form of written communication, this will be a key piece of evidence in your effort to seek accountability.

3. Take Detailed Notes About What Happened, When It Happened and Who was Involved

Regardless of any documentation you have, you should take detailed notes about your accommodation request and your employer’s denial. This includes taking notes about the chain of events leading up to your employer’s denial, the timing and the personnel involved.

Importantly, while some denials are explicit, simply refusing to respond to an employee’s request for a disability or religious accommodation can amount to a denial as well. Likewise, if your employer has forced you to jump through hoops and you have been unable to obtain a reasonable accommodation as a result, this could also be sufficient to substantiate a claim for disability or religious discrimination.

4. Learn About the Rules Governing Accommodation Requests for Disabilities and Religious Practices

While state and federal laws broadly entitle employees to reasonable accommodations for their disabilities and religious practices, there are limits to employers’ obligations. For example, employers generally are not required to provide accommodations if doing so would cause an “undue hardship” to the business under the circumstances at hand.

Likewise, when an employer is required to provide a reasonable accommodation, it doesn’t necessarily need to provide the reasonable accommodation that an employee requests. If it is possible to meet the employee’s needs through other (and presumably less costly means), then the employer may be within its rights to offer an alternate reasonable accommodation instead.

For more information about the requirements for disability and religious accommodations at the federal level, you can read these resources from the U.S. Equal Employment Opportunity Commission (EEOC):

In all situations, employers must consider their employees’ reasonable accommodation requests in good faith on a case-by-case basis. To ensure that you are making informed decisions based on the specific circumstances at hand, you will need to consult with an experienced employment discrimination lawyer.

5. Talk to an Experienced Employment Discrimination Lawyer About Your Situation

Talking to a lawyer about your legal rights doesn’t have to cost you anything in this scenario. Our law firm provides free consultations for all employment discrimination claims. We are more than happy to help you understand your legal rights, your employer’s legal obligations and the legal options you have available.

6. Work with Your Lawyer to Make Informed (and Timely) Decisions About Your Next Steps

If you have grounds to pursue a claim for wrongful denial of your accommodation request, you will need to work with your lawyer to make informed decisions about your next steps. This will involve answering important questions such as:

Should you try to resolve the issue with your employer informally?
Should you file a complaint with the EEOC or a state agency?
What remedies should you seek?

You will need to work with your lawyer to make timely decisions as well. Discrimination claims based on reasonable accommodation denials are subject to strict deadlines—and, if you wait too long to take legal action, you may not be able to hold your employer accountable.

7. Be Careful to Protect Yourself Going Forward

Finally, regardless of what you decide to do, you will need to be careful to protect yourself going forward. For example, refusing to work or complaining about your employer on social media could potentially make your situation worse than necessary. Here too, an experienced employment discrimination lawyer will be able to help you make informed decisions with your long-term best interests in mind.

Schedule a Free Consultation with an Employment Discrimination Lawyer at Murphy Law Group

Have you been denied a reasonable accommodation in Pennsylvania or New Jersey? If so, we encourage you to speak with an employment discrimination lawyer at our firm about your legal rights. To schedule a free consultation at Murphy Law Group, please call 267-273-1054 or contact us confidentially online today.