Working through a disability, a pregnancy, or a serious health condition is hard enough without feeling like your employer is making it harder. If you asked for a change at work so you could keep doing your job, and got silence, a flat “no,” or a runaround instead. You are not imagining things, and you are not asking for too much.

Here is what the law expects, and what your employer is supposed to do.

What counts as a reasonable accommodation

A reasonable accommodation is a change to how, when, or where you do your work that lets you keep performing your job despite a disability, a pregnancy or related condition, or a sincerely held religious belief. It is not special treatment. Common examples include a modified schedule, time off for treatment or recovery, ergonomic equipment or a stool, permission to work remotely, a transfer to an open position, or a break from heavy lifting. Many accommodations cost an employer little or nothing at all.

If you are not sure what might actually help in your situation, a free and genuinely useful place to start is AskJAN.org, the website of the Job Accommodation Network. You can look up practical accommodation ideas by medical condition or by type of job, and it is a resource used by workers and employers alike. Walking into the conversation with a specific request in mind often makes it go more smoothly.

The interactive process: it takes two

Once you let your employer know you need a change because of a medical condition, a pregnancy, or a religious practice, the law generally expects both sides to talk it through in good faith. This back-and-forth has a name‚ the “interactive process.” Your employer is supposed to engage with you, ask follow-up questions if it needs more information, and work with you toward a workable solution. Ignoring the request, dragging it out indefinitely, or rejecting it out of hand is not how the process is supposed to go.

You do not have to use any magic words or fill out a special form to get this started. Simply telling a supervisor or HR that you need something changed at work because of a health condition is usually enough to put your employer on notice that the clock has started.

It is illegal to punish you for asking

This is the part people most often miss: the law protects the request itself. Your employer cannot fire you, demote you, cut your hours, write you up, or otherwise come down on you because you asked for an accommodation or spoke up about your rights. If the way you were treated at work took a sharp turn for the worse right after you made your request, that timing alone can matter a great deal.

Retaliation is also often more straightforward to show than people expect. You do not necessarily have to prove that the denial itself broke the law ‚only that you were punished for raising the issue in the first place.

When to reach out

You do not need to have all the answers, or even be certain you have a case, before you talk to someone. These situations turn on specific facts and specific deadlines, and the sooner you understand your options, the more of them you tend to have. If any of this sounds like what you are going through, we would be glad to listen and help you figure out where you stand. Reach out to schedule a consultation by phone at 512-271-5527 or at https://www.wileylawyers.com/contact-us/

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Cameron Hansen Cameron Hansen
  1. What do you like most about being an employment lawyer?

I chose to practice law representing employees because I feel that my work makes a tangible difference in the lives of my clients and their loved ones. When clients come to me, they

  1. What do you like most about being an employment lawyer?

I chose to practice law representing employees because I feel that my work makes a tangible difference in the lives of my clients and their loved ones. When clients come to me, they are often in a situation they had never imaged they would face, with uncertain financial and professional futures as well as broken trust and respect. It gives me great fulfillment to lend a helping hand to those individuals and empower them to move on to the next stage of their working life with dignity and reassurance.

2. What is the most important issue to you of being an advocate?

The most significant aspect of advocating for my clients, to me, is listening. I was not present for the events that lead my client to seek me out, nor can I tell them exactly what would be the best outcome going forward for them, personally. For that reason, every aspect of representation for me begins with listening to my clients experiences, concerns, and goals so that I can make the best case for the outcome that would help them most.

  1. What would you say to HR of a company about how to treat employees?

If I was speaking to an HR professional, I would tell them that the most important characteristic when working with employees is cooperation. If an employee can work in a stable and supportive working environment, not only will they be personally fulfilled, but will be better able to perform their work for the Company. Everyone wins!

4. What is your favorite food?

My favorite food is a Döner Kebab, which is similar to a Greek Gyro with a Turkish/German influence.

5. What’s the best part of living in (current city)?

The best part of living in Austin is the vibrant mix of people, cultures, and activities. Not only is it an urban city with live music and shows, but it is also a southern city with great bbq and line dancing, and easy access to hikes, swims and camping.

6. Why did you start practicing labor and employment law?

Having grown up going to school on a U.S. Air Force Base in Germany, I was lucky enough to exposed to a vasty different employment environment from that in the States. There, I often spoke with my neighbor, the equivalent of a union representative at the local Audi factor, about his representation of line-workers to Audi’s management. Over time, I gained a perspective which values cooperation, accountability and respect in the work place that not only encourages employees more sustainable work, but a more powerful workplace generally. Through my work on behalf of employees now, I hope to foster that attitude toward employers’ relationships with their workers in America as well.

7.     What do you do when you’re not practicing law?

When I’m not practicing law, I enjoy being outdoors! I spend a lot of time at dog parks and trails with my Pitbull-mix, Dewey. I also play on several recreational soccer teams and enjoy biking around Austin’s trails. When the weather is right, I also enjoy camping, hiking and swimming.

8.     What’s your favorite legal movie

A Few Good Men

9.     Who’s your favorite judge?

My favorite Judge is the one that reads all the briefs and keeps an open mind!