Chicago ADA Reasonable Accommodations Attorney

Denied a Reasonable Accommodation at Work? Know Your Rights Under the ADA and Illinois Law.

Are you struggling to perform your job because your employer refuses to accommodate your disability? Have you requested a modified work schedule, medical leave, remote work, assistive equipment, or adjustments to your job duties—only to have your request ignored or denied?

The Americans with Disabilities Act (ADA) and the Illinois Human Rights Act (IHRA) provide important protections for qualified employees and job applicants with disabilities.

At Pinkston Law Group, P.C., Attorney Danielle A. Pinkston represents employees throughout Chicago and Illinois in matters involving ADA reasonable accommodations, disability discrimination, failure to accommodate, workplace retaliation, and wrongful termination.

If your employer has denied a reasonable accommodation or punished you for requesting one, you may have legal options.

Schedule an Employment Law Consultation: (773) 770-4771 | Schedule Your Consultation Online

What Are Reasonable Accommodations Under the ADA?

A reasonable accommodation is a modification or adjustment to a job, workplace, or employment practice that enables a qualified individual with a disability to participate in the application process, perform essential job functions, or enjoy equal employment opportunities.

Under 42 U.S.C. § 12112, covered employers generally must provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose an undue hardship.

Reasonable accommodations are not special privileges. They are workplace adjustments intended to remove disability-related barriers to equal employment opportunities.

An employer’s obligation depends on the employee’s qualifications, disability-related limitations, requested accommodation, essential job functions, and other relevant circumstances.

Employees experiencing unequal treatment because of a disability may also have claims involving disability discrimination.

Examples of ADA Reasonable Accommodations in Illinois

Depending on the employee’s disability and job responsibilities, reasonable workplace accommodations may include:

• Modified work schedules: Adjusting start times, end times, or work hours to accommodate medical treatment or disability-related limitations.
• Remote or hybrid work: Allowing employees to perform suitable job duties remotely when reasonable under the circumstances.
• Medical leave: Providing a period of leave for treatment, recovery, or disability-related needs.
• Modified job duties: Restructuring nonessential job responsibilities while preserving essential functions.
• Assistive technology: Providing accessible software, specialized equipment, or adaptive devices.
• Additional breaks: Permitting medically necessary rest periods or treatment breaks.
• Accessible workspaces: Modifying workstations, entrances, or other physical features.
• Reassignment: Considering placement in a vacant position for which the employee is qualified when other effective accommodations are unavailable.

The Equal Employment Opportunity Commission’s guidance on reasonable accommodations discusses these and other possible workplace adjustments.

Not every requested accommodation is legally required. Employers generally do not have to eliminate essential job functions, create new positions, or provide accommodations that impose an undue hardship.

Who Qualifies for Reasonable Accommodations Under the ADA?

The ADA generally protects qualified individuals who have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or are regarded as having such an impairment.

However, the ADA’s reasonable accommodation obligation generally applies to individuals with an actual disability or a record of disability, rather than individuals covered solely because they are regarded as disabled.

An employee must also be qualified to perform the essential functions of the position, with or without reasonable accommodation.

Disabilities potentially requiring accommodation may include:

• Mobility impairments and physical disabilities
• Chronic medical conditions
• Hearing or vision impairments
• Neurological conditions
• Certain mental health conditions
• Disabilities affecting concentration, communication, or other major life activities

The determination depends on the individual’s circumstances and applicable law.

For additional information about discriminatory treatment involving medical conditions, visit our Disability Discrimination Attorney page.

How Do You Request a Reasonable Accommodation at Work?

Employees generally do not have to use specific legal language or mention the ADA when requesting a reasonable accommodation.

An employee may explain that a medical condition or disability creates a workplace limitation and that an adjustment is needed.

For example:

“I have a medical condition that affects my ability to work my current schedule. I would like to discuss a schedule adjustment that would allow me to continue performing my job.”

Although verbal requests may be sufficient, submitting a written request can help establish when the employer received notice and what accommodation was requested.

Employees should consider documenting:

1. The date of the accommodation request.
2. The person or department receiving the request.
3. The disability-related workplace limitation.
4. The accommodation requested.
5. Any supporting medical documentation appropriately requested.
6. The employer’s response and proposed alternatives.

An employer may request reasonable medical documentation when the disability or need for accommodation is not obvious, but medical inquiries are subject to legal limits.

What Is the ADA Interactive Process?

After receiving an accommodation request, an employer and employee may need to engage in an interactive process to identify an effective reasonable accommodation.

This process generally involves discussing the employee’s limitations, relevant job duties, and possible workplace adjustments.

An employer may propose an alternative accommodation rather than providing the employee’s preferred option, provided the alternative is effective and otherwise meets legal requirements.

Potential problems arise when an employer:

• Ignores an accommodation request.
• Refuses to discuss available accommodations.
• Unreasonably delays responding.
• Rejects proposed accommodations without adequately considering effective alternatives.
• Demands excessive or unrelated medical information.
• Terminates an employee without appropriately evaluating available accommodations.

A breakdown in the interactive process can be important evidence in a failure-to-accommodate claim. However, the legal analysis generally also considers whether a reasonable accommodation was available.

Employees experiencing these problems may benefit from legal representation involving failure to accommodate a disability.

Can Your Employer Deny a Reasonable Accommodation?

Yes, under certain circumstances.

An employer may deny a requested accommodation if it would impose an undue hardship, meaning significant difficulty or expense when evaluated under the applicable legal standard.

Relevant considerations may include the accommodation’s cost, the employer’s financial resources, business operations, and the practical effects of the requested adjustment.

An employer is not automatically excused from accommodating an employee merely because a request is inconvenient or requires changes to established workplace procedures.

If one accommodation is not feasible, the employer may need to consider other effective alternatives.

For more information, review the EEOC’s ADA reasonable accommodation guidance.

Can You Request Remote Work as an ADA Accommodation?

Remote or hybrid work may qualify as a reasonable accommodation when it enables an employee to perform essential job functions and does not impose an undue hardship.

Whether remote work is reasonable depends on the particular position, required duties, workplace operations, and available alternatives.

For example, an employee whose essential duties can be performed remotely may have a different accommodation claim than an employee whose essential duties require physical presence.

An employer’s prior use of remote work may be relevant evidence, but it does not automatically establish that remote work is required in every situation.

Can Medical Leave Be a Reasonable Accommodation?

In some circumstances, yes.

An employee with a qualifying disability may be entitled to a reasonable period of medical leave as an ADA accommodation, even when the employee does not qualify for leave under the Family and Medical Leave Act or has exhausted available FMLA leave.

However, the ADA does not require employers to provide unlimited or indefinite leave.

In the Seventh Circuit, which includes Illinois, extended leave requests can present significant legal limitations. In Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. 2017), the court held that a multimonth leave of absence was not a reasonable accommodation under the circumstances presented.

Employees facing termination following medical leave should review their rights concerning wrongful termination and disability accommodations.

Can Your Employer Fire You for Requesting an ADA Accommodation?

An employer cannot lawfully retaliate against an employee for engaging in activity protected by the ADA.

Under 42 U.S.C. § 12203, the ADA prohibits certain forms of retaliation and interference with protected rights.

Potential retaliation may include:

• Termination shortly after requesting an accommodation
• Demotion or loss of significant job responsibilities
• Retaliatory performance improvement plans
• Unjustified disciplinary action
• Materially adverse schedule changes
• Threats or intimidation intended to discourage protected activity

However, requesting an accommodation does not immunize an employee from legitimate, nondiscriminatory employment decisions.

The surrounding evidence, employer’s stated reasons, and connection between the protected activity and adverse action are important.

If you were fired after requesting workplace accommodations, learn more about wrongful termination in Illinois.

Can Your Employer Place You on a Performance Improvement Plan After an Accommodation Request?

An employer may legitimately evaluate performance and require employees to satisfy applicable performance standards.

However, a performance improvement plan (PIP) may raise discrimination or retaliation concerns if it is imposed because an employee requested a reasonable accommodation or if it disregards legally required workplace adjustments.

Warning signs may include:

• A sudden negative evaluation after an accommodation request.
• Performance standards applied inconsistently.
• Discipline for limitations the employer refused to reasonably accommodate.
• Shifting explanations for alleged performance deficiencies.
• Different treatment of similarly situated employees.

A PIP is not automatically unlawful merely because it follows an accommodation request. The specific circumstances determine whether the action may violate the ADA or Illinois law.

Illinois Human Rights Act and Disability Accommodations

In addition to federal ADA protections, the Illinois Human Rights Act prohibits unlawful employment discrimination based on disability and establishes protections that may apply to reasonable accommodations.

Illinois law may cover some employers and employment situations differently from federal law.

The ADA generally applies to private employers with 15 or more employees, while the Illinois Human Rights Act has broader employer coverage for many employment discrimination protections.

Employees may have rights under both laws, depending on the facts.

For more information, consult the Illinois Human Rights Act and the Illinois Department of Human Rights.

How Do You Prove an ADA Failure-to-Accommodate Claim?

The evidence required depends on the particular claim, but important considerations often include whether:

1. The employee had a qualifying disability.
2. The employee was qualified for the position.
3. The employer knew of the disability-related accommodation need.
4. An effective reasonable accommodation was available.
5. The employer failed to provide a legally required accommodation.

Evidence may include written accommodation requests, medical restrictions, emails with HR, job descriptions, performance evaluations, accommodation decisions, and communications about alternatives.

For retaliation claims, additional evidence concerning protected activity, adverse treatment, and causation may be necessary.

What Should You Do If Your Employer Refuses to Accommodate Your Disability?

If your employer denies or ignores an ADA reasonable accommodation request, consider taking these steps:

1. Document your request. Maintain a written record of what you requested and when.
2. Request clarification. Ask why the accommodation was denied and whether alternatives are available.
3. Participate in the interactive process. Respond to reasonable inquiries and discuss effective alternatives.
4. Preserve relevant evidence. Keep lawfully accessible communications, evaluations, and accommodation records.
5. Avoid unauthorized access to employer records. Do not remove confidential or privileged information.
6. Consult an employment attorney promptly. Filing deadlines may apply even while internal discussions continue.

An attorney can evaluate whether the employer’s conduct may support a claim under the ADA, Illinois Human Rights Act, or another applicable law.

Deadlines for Filing ADA Accommodation and Disability Discrimination Claims

Employment discrimination claims are subject to important filing deadlines.

Federal ADA claims: In Illinois, employees generally have up to 300 days to file an EEOC charge for covered employment discrimination claims, although exceptions and different procedures may apply.

Illinois Human Rights Act claims: For covered employment discrimination violations occurring on or after January 1, 2025, the Illinois Department of Human Rights generally provides a two-year filing period. Earlier events and particular claims may have different deadlines.

Federal employees generally follow a different administrative process, including a much shorter initial EEO counseling deadline.

Employees should not assume that an internal HR complaint extends an administrative filing deadline.

Learn more from the EEOC Chicago District Office and the Illinois Department of Human Rights.

What Compensation Is Available for ADA Accommodation Violations?

Depending on the claim, applicable law, and evidence, potential remedies may include:

• Back pay and lost employment benefits
• Reinstatement or appropriate front pay
• Compensatory damages where legally available
• Punitive damages where authorized
• Attorney’s fees and litigation costs where recoverable
• Injunctive relief requiring appropriate changes in employment practices

Not every remedy is available for every ADA claim. Federal statutory caps and other legal limitations may apply.

The nature of the claim, including whether it involves failure to accommodate, discriminatory termination, or retaliation, can affect available damages.

Why Choose Pinkston Law Group, P.C.?

Pinkston Law Group, P.C. represents employees facing disability discrimination, accommodation denials, workplace retaliation, and wrongful termination throughout Chicago and Illinois.

Attorney Danielle A. Pinkston evaluates employment disputes involving federal and Illinois law, including claims arising under the ADA and Illinois Human Rights Act.

Our representation focuses on examining the employer’s actions, evaluating available evidence, identifying potential legal violations, and pursuing appropriate remedies.

We understand that losing a job or being denied a necessary accommodation can affect an employee’s income, health, career, and financial stability.

Frequently Asked Questions About ADA Reasonable Accommodations

Does my employer have to approve my preferred accommodation?

Not necessarily. An employer may select another effective reasonable accommodation if it satisfies applicable legal requirements.

Do I need to disclose my complete medical history?

Generally, no. When medical documentation is appropriate, the employer’s request should be limited to information reasonably necessary to establish the disability and accommodation need.

Can I request an accommodation for a mental health condition?

Yes. Qualifying mental health conditions may be covered by the ADA. The accommodation must address disability-related workplace limitations and satisfy applicable legal standards.

Can my employer deny accommodations because they are expensive?

An employer may establish undue hardship based on significant difficulty or expense, but the determination requires consideration of relevant circumstances rather than a generalized assertion that an accommodation costs money.

Can I be fired while my accommodation request is pending?

An employee may still be subject to legitimate employment decisions, but an employer cannot lawfully terminate an employee because of protected ADA activity or otherwise violate applicable disability discrimination protections.

Can I sue my employer for refusing a reasonable accommodation?

Potentially. Employees may have claims under federal or Illinois law if an employer fails to provide a legally required accommodation. Federal claims generally require administrative procedures before filing suit.

What if my employer refuses to engage in the interactive process?

A refusal to participate may support a failure-to-accommodate claim when an effective reasonable accommodation was available and the other legal requirements are satisfied.

Can I request accommodations after returning from medical leave?

Yes. An employee who returns with qualifying disability-related limitations may request accommodations to perform essential job functions.

Schedule a Consultation With a Chicago ADA Reasonable Accommodations Attorney

Has your employer denied your disability accommodation, ignored your medical restrictions, or retaliated against you for requesting workplace adjustments?

You may have rights under the Americans with Disabilities Act and Illinois Human Rights Act.

At Pinkston Law Group, P.C., Attorney Danielle A. Pinkston helps employees throughout Chicago and Illinois evaluate claims involving ADA reasonable accommodations, failure to accommodate, disability discrimination, and wrongful termination.

Protect Your Employment Rights Under Illinois Law. Schedule an employment law consultation to discuss your circumstances, potential claims, and available legal remedies. Strict filing deadlines may apply.

Pinkston Law Group, P.C.

Attorney Danielle A. Pinkston

30 N. Michigan Ave., Suite 1004

Chicago, IL 60602

Phone: (773) 770-4771

Schedule Your Employment Law Consultation

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