You may have a health condition that makes your job harder than it used to be. Maybe you need a later start time so you can attend physical therapy. Maybe you need a chair at a workstation where everyone else stands. You ask your employer for help, but they say no. Sometimes they do not respond at all.
This situation happens more often than it should, but you have rights. Understanding those rights can help you protect your job and your health.
What Are Reasonable Accommodations?
A reasonable accommodation is a change to your job or workplace that helps you perform your job despite a disability or medical condition.
Federal law under the Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodations. In Minnesota, the Minnesota Human Rights Act (MHRA) often provides even broader protections and applies to nearly all employers.
Examples of reasonable accommodations include:
- Modified job duties
- Flexible work schedules
- Assistive technology or specialized equipment
- Changes to your work location
Employers do not have to grant every accommodation request. They may deny a request if it would create an undue hardship based on factors such as the employer’s size, resources, the cost of the accommodation, and whether reasonable alternatives were considered in good faith.
How Do You Request an Accommodation?
There is no special legal language that you must use to request an accommodation, and you are not required to say “ADA,” “MHRA,” or any other special words or phrases. It is enough to tell your employer that you need a change in the workplace because of a medical condition.
When you request an accommodation, your employer can ask for documentation from a medical provider. They can only request enough information to confirm your condition and your need for accommodation, however. They cannot demand your entire medical history or ask for documentation unrelated to your requested accommodation.
For example, if you have depression and ask for an accommodation because you have difficulty focusing on work and completing work-related tasks (e.g., submitting reports) on time, your physician can document that. Your employer cannot ask for other unrelated portions of your medical history.
If you believe your employer is requesting more information than the law allows, do not refuse to provide documentation altogether. Instead, provide the information you believe is necessary and explain in writing why it should be sufficient. Most importantly, make your request in writing. An email creates a record of your request and can become important evidence later.
After receiving your request, your employer must engage in an informal, interactive process with you. Minnesota law requires employers and employees to work together to explore reasonable accommodations.
Notably, your employer does not have to provide the exact accommodation you request. However, they must participate in the discussion and consider possible solutions. If they refuse to engage in that process, they may be violating Minnesota law.
What Happens When Your Employer Says No?
A “no” can feel like being shut out for good, but it doesn’t have to be a dead end for your request.
Step 1: Find Out Why
Ask your employer, in writing, why they denied your request. Neither the ADA nor the MHRA requires employers to provide a formal written explanation. Still, asking for one can help uncover misunderstandings or identify information that may be missing.
For example, consider an employee with chronic migraines who requests permission to work from home two days per week. The employer may worry about productivity slipping and deny the request. The employee could explain that migraines are most severe during certain mornings and that remote work during those periods would allow them to remain productive. A discussion like this may lead to a workable solution.
Step 2: Try to Resolve the Issue Internally
Before filing a formal complaint or seeking disability discrimination legal help, use your employer’s internal processes. Speak with Human Resources to determine whether there is an appeal process, and review your employee handbook for policies related to accommodations and disability issues. Sometimes a supervisor misunderstands a request. HR may be able to review the situation and reconsider the decision.Â
Remember, the law requires both sides to participate in a good-faith interactive process. Even if your preferred accommodation is not possible, your employer should explore other reasonable options. Minnesota law states that if an employer doesn’t engage in this process, it is considered a separate act of discrimination, in addition to denying the accommodation you requested.
Step 3: File a Complaint
If internal efforts don’t work, you have options at both the state and federal levels. At the federal level, you can file a complaint with the Equal Employment Opportunity Commission (EEOC), which enforces the ADA. In Minnesota, you can also file a charge with the Minnesota Department of Human Rights (MDHR), which enforces the MHRA to address disability discrimination in Minnesota. These agencies will investigate your complaint and may attempt to resolve the dispute. If those efforts fail, you may ultimately have the right to pursue your claims in court.Â
Keep in mind that there are strict deadlines for filing at both agencies. Don’t wait too long to take action: delays can cost you your legal options.
What If Leave is More Appropriate than Accommodation?
Sometimes, a workplace accommodation is not enough. You may need time away from work. Under the federal Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave each year for their own serious health condition, caring for a qualifying family member, or bonding with a new child. To qualify, you generally must have worked at least 1,250 hours during the previous 12 months for an employer with at least 50 employees within 75 miles. FMLA leave can be taken all at once or intermittently.
Minnesota employees may have even stronger protections. Minnesota’s Paid Family and Medical Leave (PFML) law allows most workers to take up to 20 weeks of combined paid family and medical leave each year. Employees receive between 55% and 90% of their regular wages, depending on income. Coverage is also broader, with most Minnesota workers qualifying regardless of employer size. If you have worked for your employer for at least 90 calendar days, they must restore you to the same position or an equivalent one with the same pay, benefits, and working conditions upon returning from PFML.
Minnesota law also requires employers to provide Earned Sick and Safe Time (ESST). This allows employees to earn one hour of paid leave for every 30 hours worked, up to 48 hours per year, which can be used for their own illness, to care for a family member, and for other qualifying reasons.
These laws can be complex, but an experienced employment attorney can help you understand your options.
What If Your Employer Retaliates?
Many employees worry that requesting an accommodation or taking leave will lead to negative treatment at work, but employer retaliation is illegal under both federal law and the MHRA. Simply put, your employer cannot punish you for exercising your legal rights. That includes giving you undeserved poor performance reviews, cutting your hours, changing your job duties without cause, demoting you, or terminating your employment. The same protections apply to PFML leave; an employer must not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate against an employee for requesting or obtaining protected leave.
If you suspect retaliation, document everything. Save emails, text messages, voicemails, and written communications. Keep detailed notes about important conversations and events. Good documentation can be critical if you need to enforce your rights later.
You Don’t Have to Go Through This Alone
Navigating a situation where your employer is refusing to support your medical needs is stressful, confusing, and frankly unfair. Dealing with a medical condition is difficult enough. You should not have to fight your employer at the same time.
If you suspect that your employer is violating the law related to your medical needs, you don’t have to face it alone. The law is on your side, and so are we. MSB Employment Justice has a team of experienced employment attorneys who are ready to help you understand your rights and fight for the treatment you deserve. Whether you need guidance on making an accommodation request, responding to a denial, or taking action after retaliation, we’re here. Contact MSB Employment Justice today to speak with one of our attorneys about your situation.
