Avoiding Missteps With Accommodations
There can be challenges when it comes to making sure your accommodations are considered at a workplace, Haeggquist says. Common difficulties that you might encounter include:
- Asking for accommodations after UC has already negatively affected your work performance. It’s better to ask for accommodations in advance.
- Talking only to a direct supervisor or manager about the issue rather than human resources. Even if your boss offers accommodations, you may not have the full legal protection you deserve if your HR department is unaware of the issue.
- Only making a request verbally, such as in a meeting with HR. Even if the initial conversation is verbal, it’s important to follow up with a request in writing so you have a paper trail for legal reasons.
- Taking a denial as the final answer. If your request is rejected, you can ask for another meeting with HR to get details on the reason and discuss alternatives. An employer must engage in good-faith conversation throughout the process, even after a denial, to determine if there’s an effective accommodation available.
Keep in mind that an employer doesn’t have to provide an accommodation just because it’s requested, and can claim that there would be significant difficulty or expense in meeting your needs, says Haeggquist. But the burden of proof would be on the employer.
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If you feel that your accommodation requests are reasonable, but they’re denied and you’re not offered alternatives or additional discussion to find solutions, you may have the right to appeal with your employer, if they have such a policy. Asking for written documentation of why your request was denied can be helpful in formulating an appeal. If it’s unsuccessful, you can reach out to your state’s protection and advocacy agency for help; the JAN website has a list for each state.
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If an appeal is unsuccessful, or if you face retaliation or discrimination, the next step you might choose to pursue is to file a legal complaint with the Equal Employment Opportunity Commission (EEOC). You also have the right to seek legal counsel, Haeggquist says.
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If you can’t work effectively without accommodation and you’re fired as a result, it’s possible you may have a wrongful termination suit.
“Simply talking to an employment lawyer about what’s going on doesn’t mean you’re suing the company, although that can happen in some instances,” says Haeggquist. “Many times, you can gain clarity through understanding the company’s legal obligations. Also, having an intermediary like an attorney send a letter to emphasize that they should be following the law can be helpful for them to take your requests seriously.”
It’s crucial to have protections in place sooner rather than later, as flares can come on suddenly and there may be little time for the accommodations process. Even if you’re not experiencing UC symptoms now, and haven’t had a flare in some time, thinking about — and asking for — what you need in advance can be useful, says Dr. Farhadi.
“[Many] people with UC have one or two flares per year, and those can last a couple weeks,” he says. “Having a plan in place that includes work accommodations can make managing those easier.”
