Your employer is legally required to provide reasonable accommodations for disabilities, and refusing to do so is a violation you can report and pursue

If your employer has denied a request for accommodation related to your disability, you have legal options. The law that covers this is the Americans with Disabilities Act (ADA) if you work for a company with 15 or more employees, or state disability laws if your employer is smaller. Refusing reasonable accommodation is illegal, and you can file a complaint with the Equal Employment Opportunity Commission (EEOC), pursue a lawsuit, or both. The process takes time—typically several months to over a year—but you do not need to accept the refusal as final.

The first step is to document what happened: the accommodation you requested, when you requested it, who you asked, and the exact reason they gave for refusing. Then you decide whether to file an EEOC complaint, consult a disability employment lawyer, or both. Many people do both because the EEOC process is free but slow, while a lawyer can move faster and negotiate a settlement, though that costs money upfront or on contingency.

Key Takeaways

  • Employers with 15 or more employees must provide reasonable accommodations under the ADA, and refusing to do so violates federal law.
  • You can file a complaint with the EEOC for free within 180 to 300 days of the refusal, depending on your state.
  • A disability employment lawyer can negotiate a settlement or file a lawsuit, and many work on contingency so you pay only if you win.
  • Document the refusal in writing—email your employer asking for confirmation of their decision so you have proof.
  • You do not have to choose between the EEOC and a lawyer; you can pursue both at the same time.

Understanding what counts as a reasonable accommodation

A reasonable accommodation is a change to your job, work environment, or how work is done that lets you perform the essential functions of your role despite your disability. Examples include a flexible schedule for medical appointments, a quiet workspace to manage sensory issues, remote work options, modified equipment, extra breaks, or adjusted important date. The accommodation does not have to be the one you requested—your employer can offer an alternative that works just as well—but they cannot refuse all accommodation.

The law does not require accommodations that would cause undue hardship to the business, meaning significant difficulty or expense. However, "undue hardship" has a high bar. Your employer must show that the accommodation would cost a lot of money relative to their size and resources, or would fundamentally change the job or operations. A small inconvenience or a preference to keep things as they are does not count. If your employer says no without explaining why, that is often a sign they have not actually considered whether the accommodation is reasonable.

Documenting the refusal before you file

Before you contact the EEOC or a lawyer, create a written record of what happened. If the refusal was verbal, send your employer an email that says something like: "I am writing to confirm that on [date], I requested [specific accommodation] due to my disability. You responded by [describe their response]. Please confirm this is accurate." This forces them to either correct you or confirm the refusal in writing, and either way you have documentation.

Keep copies of all related emails, medical records that support the need for accommodation, your job description, and any communications about your disability. If you have witnesses—coworkers who heard the conversation, for example—note their names and what they heard. This documentation is what the EEOC and lawyers will ask for first, and having it organized saves time and money.

Filing a complaint with the EEOC

The EEOC is the federal agency that investigates discrimination complaints, including disability accommodation refusals. You can file a complaint online at eeoc.gov, by mail, or in person at your local EEOC office. The complaint is free. You must file within 180 days of the refusal if you live in a state without its own civil rights agency, or within 300 days if your state has one (most do). Check your state's important date before you file.

When you file, describe what accommodation you requested, when you requested it, how your employer refused, and what harm resulted. The EEOC will send your complaint to your employer, who then has a chance to respond. The EEOC investigator will review both sides and issue a information—either "reasonable cause" (meaning they found evidence of discrimination) or "no reasonable cause." If they find reasonable cause, they may try to mediate a settlement between you and your employer. If mediation fails or they find no reasonable cause, they issue a "right to sue" letter, which gives you the legal right to file a lawsuit in court.

The EEOC process typically takes 6 to 12 months, sometimes longer. During that time, you are still working for the employer (unless you have already left or been fired), so the process can feel slow and frustrating. However, it is free and creates an official record that a lawyer can use if you decide to sue.

When to hire a disability employment lawyer

A disability employment lawyer can move faster than the EEOC and often negotiates a settlement without going to court. Many disability lawyers work on contingency, meaning they take a percentage of what you win (usually 25 to 40 percent) and you pay nothing upfront. Some charge hourly rates instead. You can hire a lawyer before, during, or after the EEOC process.

Reasons to hire a lawyer early include: your employer is large and well-resourced, the refusal caused serious harm (you lost the job, your health worsened), or you want to move faster than the EEOC. Reasons to wait include: you want to see what the EEOC finds first, or you cannot afford a contingency fee and want to avoid hourly costs. Many lawyers offer free consultations, so you can discuss your situation and ask about their fee structure before deciding.

A lawyer will send a demand letter to your employer, often prompting settlement talks. If your employer refuses to settle, the lawyer can file a lawsuit in federal court. Lawsuits take longer than settlements—often 1 to 3 years—but can result in larger awards. Settlements usually happen within 3 to 6 months of the demand letter.

What you might recover in a settlement or judgment

If you win, you can recover back pay (wages you lost because of the refusal), front pay (future wages if you cannot return to the job), compensatory damages (money for emotional distress or harm to your reputation), and attorney fees. Some cases also include punitive damages, which punish the employer for intentional misconduct. The amount varies widely depending on your salary, how long the dispute lasted, and how serious the harm was.

A settlement might include money, a written agreement that the accommodation will be provided going forward, a neutral reference for future employers, or a combination. If you are still working there and want to stay, you can negotiate for the accommodation plus money for the time you were denied it. If you have left or been fired, you might negotiate for severance plus damages.

What happens if you are fired after requesting accommodation

If your employer fires you after you request accommodation or file an EEOC complaint, that is retaliation, which is also illegal. You can add a retaliation claim to your EEOC complaint or lawsuit. Retaliation claims are often easier to prove than accommodation refusal claims because the timing is clear—you asked for something, then got fired. Document the firing and the reason given, and tell your lawyer or the EEOC investigator about it when ready.

If you have been fired, you may also be may have access to to unemployment benefits while you pursue the complaint. File for unemployment right away; it is separate from the EEOC process and does not affect your legal claim.

Frequently Asked Questions

Do I have to tell my employer I am filing an EEOC complaint?

No, you do not have to tell them. However, the EEOC will notify them once you file, so they will find out. Some people file first and tell their employer afterward; others tell their employer they are considering it as a way to prompt settlement talks. A lawyer can advise you on timing based on your situation.

Can my employer retaliate against me for filing an EEOC complaint?

No. Retaliation for filing a complaint is illegal under the ADA. If your employer fires you, demotes you, cuts your hours, or treats you worse after you file, that is retaliation and you can add it to your complaint. Document any negative changes that happen after you file.

What if my employer is too small to be covered by the ADA?

The ADA covers employers with 15 or more employees. If your employer is smaller, check your state's disability discrimination law—most states have their own laws that cover smaller employers. File a complaint with your state's civil rights agency instead of the EEOC, or consult a lawyer who knows your state's law.

How much does it cost to hire a disability lawyer?

Many disability lawyers work on contingency, so you pay nothing unless you win. If they take a contingency case, they typically take 25 to 40 percent of the settlement or judgment. Some lawyers charge hourly rates (usually $150 to $400 per hour) or a flat fee. Ask about the fee structure during your free consultation.

Can I still work at my job while pursuing a complaint?

Yes, unless you have been fired. Many people continue working while the EEOC investigates or while a lawyer negotiates. However, if the workplace is hostile or the refusal is causing harm, you may decide to leave. Consult a lawyer before you quit, because leaving can affect your damages claim.