Temple Failure-to-Accommodate Disability
Temple, TX Employee Rights: Reasonable Accommodations Under the ADA
For employees living with a disability, access to reasonable accommodations isn’t a privilege, it’s a right protected by law. Yet, too often, workers in Temple and across Texas face unnecessary barriers at work, simply because their employers fail to understand (or choose to ignore) their legal responsibilities.
At Scanes Yelverton Talbert, LLP (SYT), we are committed to standing up for employees whose needs are overlooked or denied in Temple. Your time at work shouldn’t feel like a daily struggle for fairness or inclusion. We believe in a workplace where every individual feels safe, supported, and understood, especially those living with physical, mental, or medical conditions.
Most people spend the majority of their week at work. When the workplace isn't adequately equipped to meet your needs, it can take a toll not just physically, but also mentally and emotionally. Without proper accommodations, your health may suffer, your productivity can decrease, and your stress may increase, creating a cycle that worsens your condition over time. That’s why workplace accommodations matter, and that’s why SYT is here to help when your rights aren’t respected.
Understanding the Legal Definitions
To fully understand your rights and your employer’s obligations, it’s helpful to know how specific terms are defined under the law:
- Disability: A physical or mental impairment that substantially limits one or more major life activities. This includes chronic illnesses, mobility issues, neurological conditions, mental health disorders, and more.
- Qualified individual: A person with a disability who can perform the essential functions of their job, with or without reasonable accommodation.
- Undue hardship: An accommodation that causes significant difficulty or expense for the employer. Factors include the size of the business, overall resources, and the nature of the operation. Employers are not required to provide accommodations that would impose an undue hardship; however, they are required to explain their reasoning if they deny a request clearly and understandably.
These definitions matter because they form the foundation of your rights. If you meet the criteria of a qualified individual, and your requested accommodation is reasonable and does not cause undue hardship, your employer is legally required to engage in a good-faith effort to meet your needs.
What Are Reasonable Accommodations Under the ADA?
Under the Americans with Disabilities Act (ADA), a reasonable accommodation is a modification or adjustment to a job, work environment, or application process that enables a qualified individual with a disability to perform the essential functions of a job. Reasonable accommodations may include:
- Modified work schedules
- Remote or hybrid work options
- Ergonomic furniture or equipment
- Extended breaks or time off for medical treatment
- Reassignment to a vacant position
- Adjusted job duties or workspace layout
- Communication assistance (e.g., sign language interpreters, accessible software)
The goal of these accommodations is to provide employees with disabilities equal access and opportunities. It is not “special treatment”, but it helps even the playing field and allows them to perform the same task as others in the workplace. When employers fail to provide these accommodations or even refuse to discuss them, it can prevent someone from performing their job safely or effectively. This is known as a failure to accommodate, and under the law, it may constitute a form of discrimination.
How to Request Accommodations and What Employers Must Do
Requesting an accommodation doesn’t have to involve complex legal paperwork. In fact, under the ADA, there’s no requirement that your request be formal or use specific legal language, meaning you can make your request orally or in writing. In your request, you should clearly describe your condition and how it impacts your ability to perform your job. You are not required to disclose your complete medical history, just enough to support your request. It is important to note that employers are allowed to request documentation from a medical provider to verify your condition.
Once a request is made, the employer is legally obligated to engage in the “interactive process”, which is a collaborative discussion to explore available options and decide on appropriate accommodations. Employers can not:
- Ignore the request or delay responding
- Refuse to discuss alternative solutions
- Punish or retaliate against you for making the request
- Deny accommodations without an apparent, documented reason
Common Examples of Failure to Accommodate in Temple
Sadly, many employers fail to meet even the most basic standards required under the Americans with Disabilities Act (ADA). Sometimes it’s due to a lack of awareness or training; other times, it’s a deliberate choice based on convenience, cost, or a misguided belief that a person with a disability can’t perform the job. Regardless of the reason, the impact on employees can be substantial, ranging from lost income to worsening health and emotional strain. These are some of the most common ways we see failure-to-accommodate violations show up in the Temple workplace:
Refusing to Modify Work Schedules for Medical Needs
For many employees with chronic conditions or disabilities, flexibility in scheduling is essential. This could include time off for medical appointments, shorter shifts during recovery, or changes to start/end times to manage pain or fatigue. When an employer refuses to adjust a work schedule, even when it wouldn’t disrupt operations, they may be unlawfully denying a reasonable accommodation.
Denying Remote Work When It's Feasible
Remote or hybrid work is no longer a luxury in many industries, but it’s often a viable accommodation for those with mobility issues, mental health conditions, or immune system vulnerabilities. If an employee previously worked remotely or could reasonably perform their duties offsite, and the employer revokes that option or refuses to consider it solely because of a disability, this could be a violation of the ADA. Courts have increasingly recognized remote work as a reasonable accommodation when the job permits it.
Failing to Provide Assistive Technology or Accessible Equipment
Technology is a powerful tool for creating more inclusive workplaces; yet, employers often fail to provide even basic tools, such as screen readers, voice recognition software, or ergonomic chairs and desks. In some cases, employees are required to purchase their own tools, creating an unfair and potentially illegal burden. Refusing to provide or even consider this kind of support can limit a person’s ability to do their job effectively and safely.
Refusing Temporary Job Adjustments During Recovery
Whether recovering from surgery, managing flare-ups of a chronic condition, or returning from leave, employees often need temporary adjustments to their job duties. This could mean lifting restrictions, limited standing time, or transitioning back with lighter responsibilities. When employers ignore these needs or force someone back into complete duties before they’re medically ready, it not only violates the law but also puts the employee at serious risk of re-injury or relapse.
Ignoring Mental Health Accommodations
Mental health conditions such as anxiety, depression, PTSD, or ADHD are just as real and legally protected as physical disabilities. Yet accommodations like modified workloads, reduced distractions, or flexible deadlines are often misunderstood or dismissed. We've seen employees punished for requesting more time on high-pressure tasks or needing occasional mental health days. These are clear warning signs of a failure to accommodate.
Disciplining Employees for Disability-Related Absences
Another common and harmful practice is writing up or penalizing employees for taking time off due to their condition, even when the employer has been informed of the disability. For example, an employee undergoing chemotherapy who needs intermittent leave may be fired for "attendance issues," even though their absences are protected. Disciplinary action under these circumstances is unlawful.
Refusing to Explore Reassignment or Alternative Roles
If a disability makes it difficult for an employee to perform their current job, the ADA may require the employer to consider reassigning the employee to a vacant position for which they’re qualified. Unfortunately, some employers refuse, claiming there are “no roles available” without checking, or they limit the employee’s access to open positions. This refusal can be devastating, especially for long-time employees who are fully capable of contributing in a different role.
The Cost of Failing to Accommodate
These kinds of failures to accommodate can have a profound impact on someone’s health, career, finances, and dignity. When an employer refuses to accommodate, the consequences may include:
- Job loss or forced resignation
- Exacerbation of medical conditions
- Emotional harm, including stress, anxiety, and depression
- Stunted career growth or missed advancement opportunities
- Financial instability due to missed work or unemployment
- A hostile or isolating work environment
In some cases, a repeated or intentional failure to accommodate can lead to what’s known as constructive discharge, which is when an employee is effectively forced to quit because the workplace becomes intolerable. Under the law, this may still be considered discrimination and could serve as grounds for a legal claim.
What to Do If You Feel Your Rights Are Being Violated
If your employer has denied your accommodation request, retaliated against you, or otherwise made your work environment unbearable due to your condition, it’s time to take action. You have the right to pursue a legal remedy, but there are time limits you must meet.
Our attorneys at SYT can assist you in filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC). However, you must act quickly, as each one has its own specific deadlines and timelines. Trying to navigate these deadlines and procedures independently can lead to costly mistakes, such as missed deadlines, incorrect filings, or missed opportunities for resolution. At SYT, we ensure that your case is filed correctly and supported by the necessary documentation and a comprehensive legal strategy to move forward. We understand the high stakes involved in these cases.
Initiate a Free Case Review Today
If your employer has refused to accommodate your needs or made you feel unsafe or unsupported at work due to a disability, you don’t have to face it alone. At Scanes Yelverton Talbert, LLP, we believe that every person deserves a workplace that respects their dignity and meets their legal rights- no exceptions.
We understand how isolating, frustrating, and overwhelming these situations can be. We’ll take the time to understand your story, assess your legal options, and help you pursue justice and respect.
It all starts with a free case review. This is an opportunity for us to learn more about your situation and determine if scheduling a consultation is the next best step. You don’t have to have everything figured out. We’ll help you sort through the facts, the law, and your best options moving forward.
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