Your employer's refusal to accommodate a disability may violate federal law, and you have specific steps to take before you need a lawyer

If your employer has refused to make a reasonable change to your job or work environment because of your disability, that refusal may break the law under the Americans with Disabilities Act (ADA) or similar state laws. But the path from refusal to legal action is not direct. You must first make a formal request, document the employer's response, and often file a complaint with a government agency before a lawyer can take your case. Understanding what counts as a legal violation, what you need to prove, and which agency to contact will determine whether you have a case worth pursuing.

Key Takeaways

  • The ADA requires employers with 15 or more employees to provide reasonable accommodations unless doing so causes undue hardship, and a refusal must be documented in writing or email.
  • You must submit a formal accommodation request (in writing is safest) and keep records of the employer's response, including dates, names, and exact reasons given for refusal.
  • Before filing a lawsuit, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 to 300 days depending on your state, or the lawsuit will be dismissed.
  • The EEOC investigates for free and can order the employer to provide the accommodation or pay damages, but the process typically takes months and does not require a lawyer at the filing stage.
  • A disability lawyer becomes necessary if the EEOC closes your case without resolution, if the employer retaliates, or if you want to pursue a lawsuit for back pay and damages.

What counts as a disability and a reasonable accommodation under the ADA

The ADA covers physical and mental conditions that substantially limit a major life activity—working, walking, seeing, hearing, thinking, concentrating, or caring for yourself. The definition is broad. It includes obvious disabilities like mobility impairment or blindness, but also chronic pain, anxiety disorder, ADHD, diabetes, and depression if they meaningfully restrict what you can do. The law also protects people with a history of disability (even if it is currently controlled by medication) and people whom the employer mistakenly believes are disabled.

A reasonable accommodation is a change to the job, the workplace, or how work is done that lets you perform the essential functions of your role. Common examples include flexible scheduling, remote work, ergonomic equipment, modified break schedules, written instructions instead of verbal, a quiet workspace, or a service animal. The accommodation does not have to be the one you request—the employer can offer an alternative that works—but it must actually solve the barrier your disability creates. An accommodation is not reasonable if it costs the employer more than a minor expense, fundamentally changes the job, or makes it impossible for the business to operate. This is called undue hardship, and the employer bears the burden of proving it.

How to make a formal accommodation request and document the response

Put your request in writing. Email is acceptable and creates a time-stamped record. Include your disability (you do not have to disclose the diagnosis, but the employer needs to understand the limitation), the barrier you face in your current role, and the specific accommodation you are requesting. Example: "Due to my chronic pain condition, I am unable to sit for more than two hours at a time. I request the ability to alternate between sitting and standing, and I can provide a standing desk or use a desk converter at my own expense." Send it to your manager, HR, or both, depending on your company's process.

Keep copies of everything: the email you sent, the date you sent it, and any response. If your employer responds verbally, send a follow-up email summarizing what was said and to whom: "On [date], I spoke with [name] about my accommodation request. They said [reason for refusal]. I am sending this to confirm our conversation." If the employer refuses, ask them to explain in writing why the accommodation is not reasonable or causes undue hardship. Do not accept vague answers like "it is not company policy" or "we do not do that." Undue hardship must be specific: the cost, the operational impact, or the safety risk. If they will not put it in writing, your follow-up email documenting the conversation is your evidence.

Filing a charge with the EEOC before you can sue

You cannot file a lawsuit under the ADA until you have filed a charge of discrimination with the EEOC and either received a right-to-sue letter or waited 180 days. This is a mandatory step, and skipping it will get your lawsuit dismissed. You have 180 days from the date of the refusal to file if you live in a state with no state civil rights agency, or 300 days if your state has one (most do). Check your state's important date by searching "[your state] EEOC filing important date" or contact your local EEOC office.

File online at eeoc.gov, by mail, or in person at your nearest EEOC field office. You will need the dates of the refusal, the name and address of your employer, a description of what happened, and copies of your accommodation request and the employer's response. The EEOC will assign an investigator who will contact your employer, ask for their side of the story, and review whether the accommodation was reasonable and whether the employer proved undue hardship. This process is free and does not require a lawyer. The EEOC typically issues a information within 180 days, though it can take longer. If the EEOC finds in your favor, they may order the employer to provide the accommodation and pay damages. If they find against you or close the case without resolution, they will issue a right-to-sue letter, which you can then use to file a lawsuit within 90 days.

When retaliation is illegal and how it changes your case

If your employer punishes you for requesting an accommodation or filing an EEOC charge—by cutting your hours, demoting you, giving you a negative review, or firing you—that is retaliation, and it is illegal under the ADA. Retaliation does not have to be the stated reason for the adverse action; it only has to be a contributing factor. If you were fired two weeks after filing an EEOC charge, retaliation is presumed unless the employer can show a legitimate, independent reason documented before you filed.

Retaliation strengthens your case significantly. It shows the employer knew about your rights and chose to punish you anyway. Include retaliation in your EEOC charge if it occurred, and document it the same way: dates, names, what happened, and any communications. If retaliation occurs after you file with the EEOC, file an amended charge or a new charge when ready. Retaliation claims often lead to larger damage awards because they demonstrate intentional wrongdoing rather than mere negligence.

What a disability lawyer can do that you cannot do alone

You do not need a lawyer to file an EEOC charge or to participate in the investigation. Many people handle this step themselves. But a lawyer becomes valuable if the EEOC closes your case without resolution, if you want to file a lawsuit, or if the employer has retaliated. A disability lawyer can file the lawsuit in federal court, conduct discovery (forcing the employer to produce documents and answer questions under oath), depose witnesses, and negotiate a settlement. They can also pursue damages for back pay, front pay (future lost wages), emotional distress, and punitive damages if the employer acted with malice or reckless indifference.

Most disability lawyers work on contingency, meaning they take a percentage of any settlement or judgment (typically 25 to 33 percent) and you pay nothing upfront. This makes it affordable to pursue a case. However, not every case is worth pursuing. A lawyer will evaluate whether you have a strong claim (the accommodation was reasonable, the employer refused without legitimate undue hardship, and you have documentation), whether the employer is solvent enough to pay a judgment, and whether the damages justify the time and cost of litigation. If your case is weak or the employer is judgment-proof, a lawyer may decline to take it.

State disability laws that may offer stronger protection than the ADA

Many states have their own disability discrimination laws that are broader or more protective than the ADA. California's Fair Employment and Housing Act (FEHA), New York's Human Rights Law, and Illinois's Human Rights Act are examples. These state laws sometimes cover employers with fewer than 15 employees (the ADA minimum), have longer filing important date, or allow larger damage awards. If you work in a state with a strong civil rights law, your lawyer may file charges under both the ADA and state law to maximize your options.

State agencies also investigate discrimination charges. In California, you file with the Civil Rights Department (CRD); in New York, the Division of Human Rights (DHR). The process is similar to the EEOC but may move faster or offer different remedies. If you live in a state with a civil rights agency, you can file with them instead of or in addition to the EEOC. Your lawyer or the agency itself can advise you on which route is best for your situation.

Frequently Asked Questions

Do I have to tell my employer I have a disability to get an accommodation?

No. You only have to explain the functional limitation and what you need. You can say "I have a condition that limits my ability to sit for long periods" without naming the condition. However, if the employer asks for medical documentation to verify the limitation, you must provide it. A doctor's note confirming the limitation is usually enough; you do not have to disclose the diagnosis.

What if my employer says the accommodation is too expensive?

Cost alone is not undue hardship. The ADA requires employers to absorb minor or moderate expenses. If the accommodation costs hundreds of dollars and the employer is a small business, that may be undue hardship. If the employer is large and the cost is a small fraction of revenue, it is not. The employer must prove the specific cost and explain why it is unreasonable for their business. "It is too expensive" without numbers is not a legal defense.

Can I be fired for requesting an accommodation?

No. Firing someone for requesting an accommodation is retaliation and is illegal. However, an employer can fire you for legitimate reasons unrelated to the accommodation request (poor performance, misconduct, layoffs). The key is timing and documentation. If you are fired shortly after requesting an accommodation, retaliation is presumed unless the employer can prove they had a documented reason decided before your request.

How long does the EEOC investigation take?

The EEOC aims to complete investigations within 180 days, but many take longer, especially in busy districts. You can request a right-to-sue letter after 180 days even if the investigation is not finished, which lets you file a lawsuit without waiting. Some EEOC offices are faster than others; contact your local office for an estimate based on current caseload.

What if I am still working at the company—will filing a charge make things worse?

Filing an EEOC charge is protected activity, and retaliation for filing is illegal. However, the reality is that some employers become hostile after a charge is filed. Document any negative changes in your treatment, hours, or assignments after filing. If retaliation occurs, file an amended charge when ready. A lawyer can also advise you on whether it is safer to look for another job while the investigation proceeds.