Working people across the country have the right to seek a wide range of accommodations, or certain changes that allow them to keep doing their jobs if they are disabled or become disabled. They are also protected from retaliation for exercising this right.
If you requested a reasonable accommodation and then were fired, you probably feel like something has gone horribly wrong. That is because this kind of retaliation is very likely to violate a number of federal and state laws. It is crucial that you understand your legal rights and options for taking action.
At Justice Law Corporation, our Washington wrongful termination lawyers help working people fight back against a wide range of unlawful employer conduct. That includes taking on employers who refuse to grant reasonable accommodations to workers with disabilities or retaliate against those who seek them. We are seasoned employment attorneys who have dedicated our professional lives to these cases and have a significant track record of success.
Employers cannot simply fire workers who request accommodations in order to avoid their legal responsibilities. Instead, businesses are required to go through an interactive process to explore possible solutions that allow the person to continue working without unduly burdening the employer.
Just because your employer ignores or denies your accommodation request, that is not necessarily the end of the story. If your employer also responds by simply telling you to find another job, you have the right to challenge this move. We can help.
Your Legal Right to Seek a Reasonable Accommodation
Washington workers are protected by a powerful combination of federal and state laws regarding reasonable accommodations.
The Americans with Disabilities Act and the Washington Law Against Discrimination generally prohibit employers from discriminating against employees and job seekers with disabilities. The laws also require employers to provide reasonable accommodations, unless doing so would cause undue hardship. And they prohibit employers from retaliating against employees who request accommodations or otherwise assert their rights under the laws.
The federal Family and Medical Leave Act and the Washington Paid Family and Medical Leave program add another layer by protecting workers who need to take leave for serious health conditions. These laws similarly ban employers from retaliating against workers for requesting or taking such leave.
How Reasonable Accommodations Work
Workers can seek reasonable accommodations for a wide range of situations, from pregnancy or temporary injuries to long-term disabilities.
A reasonable accommodation is a change to your work duties, schedule, or environment that helps you continue working without undue hardship for your employer. Here are some of the most common examples:
- Modified work schedules or flexible hours
- Remote work or telecommuting arrangements
- Reassignment
- Modified equipment or assistive technology
- Leave time
- Reduced workload or modified duties during recovery
- A quieter workspace or changes to the physical environment
Your employer is not obligated to approve the specific accommodation that you requested. The business can instead offer an alternative. It must, however, genuinely engage with you to find a workable solution. Your employer cannot simply ignore your request, deny it without explanation, or opt to fire you in response to the request.
The Interactive Process
Once you request an accommodation, your employer is legally obligated to engage in an interactive process. This is a good-faith dialogue to explore accommodations that meet your needs without causing undue hardship on your employer.
The interactive process should include:
- Reviewing the essential functions of your job
- Considering your medical limitations
- Discussing potential accommodations
- Exploring alternatives
Whether a specific accommodation is “reasonable” depends largely on the specific circumstances. But employers claiming “undue hardship” have a high bar: Minor inconveniences, temporary costs, and administrative adjustments are not enough to justify denying accommodations.
If your employer skipped the interactive process and instead fired you in response to your reasonable accommodation request, this is likely grounds for a disability discrimination claim.
Proving Illegal Retaliation
State and federal laws also ban retaliation against workers who seek reasonable accommodations. This is a key protection: It ensures employees can exercise their rights without fear of being fired, demoted, or otherwise punished.
Here are some common red flags that tend to suggest retaliation.
- Timing: You were fired days, weeks, or shortly after making your accommodation request, with no other obvious trigger.
- Changing narrative: Your employer gives inconsistent or vague reasons for the termination that seem to change over time.
- Pretext: Your employer gives a specific reason for the firing (such as “performance issues”), but it is not accurate.
- Selective enforcement: The rules that your employer cited to fire you are routinely ignored in similar situations involving other employees.
- No prior warning: You were terminated without the progressive discipline steps your employer normally follows.
None of these factors is necessarily conclusive on its own. Together, however, they can paint a compelling picture of retaliation.
How to Take Action
Anyone who is denied a reasonable accommodation at work or fired for requesting one has the right to pursue legal action.
Documentation is crucial in these cases. Write down everything you remember about your accommodation request, including when you made it, how you made it, who you spoke to, and what they said. Save any emails, letters, or text messages related to your request and your termination. Request a copy of your personnel file, which may contain performance reviews, disciplinary records, and other documents relevant to the situation.
It is also important to seek the advice of an experienced employment attorney.
Speak With a Washington Wrongful Termination Lawyer
If you believe that your employer is violating your rights on the job, whether it is by being underpaid, wrongly terminated, or in other terms and conditions, you do not need to go it alone. A Washington wrongful termination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Seattle. Contact us at 360.207.0000 to schedule a free consultation with a Washington wrongful termination lawyer.
