Employees dealing with medical challenges may worry about keeping their jobs. Although federal and state laws protect those with disabling medical conditions, companies aren’t always particularly helpful when workers struggle.
Technically, anyone working for a business with 15 or more employees has protection under the Americans with Disabilities Act (ADA). According to ADA rules, workers with disabling medical conditions can usually ask for reasonable accommodations that help them continue working without putting their health at risk or experiencing a significant drop in productivity.
Many employees worry that requesting accommodations could lead to conflict with an employer and possibly retaliation, including demotion or termination. How can workers who need accommodations protect themselves before they reach out to their employers?
Get written recommendations from a doctor
Any worker can claim they need accommodations and make demands on their employer, but the company may not take them seriously. In order to receive proper consideration and validate the necessity of an accommodation request, an employee typically needs medical documentation. A letter from a doctor explaining the accommodations the worker requires and the limitations they may have because of their medical conditions can make it easier for a worker to navigate an accommodation request.
Review company policy
Any organization large enough to have a human resources department or employee handbook may very well have a policy about accommodation requests. Workers who don’t follow the right process may endure delays and even mistreatment. Workers may need to fill out a specific form or contact a specific professional within the company. Reviewing training materials and handbook resources can help workers ensure that they follow the right steps when requesting accommodations from their employers.
Keep personal records of all communications
Relying on internal company email as proof of business misconduct can leave a worker without evidence after their termination. They may lose access to that email as soon as the company ends their employment. Keeping personal records ranging from a written journal to screenshots saved to a personal device can help affirm how the worker communicated with the employer and how the company responded. Those records can help establish that the employee requested accommodations and did not receive appropriate responses. They can also help establish a timeline if the worker needs to pursue a retaliation claim in the future.
Understanding that disability discrimination is common can help workers take the right steps to protect themselves when they need support on the job. Workers who follow the right steps may still struggle to receive company support, but they may have an easier time proving their case if an employer violates their rights.
