Can an Employer Take Away a Reasonable Accommodation? Understanding Your Rights
Hey there, have you ever wondered what happens when an employer grants you a reasonable accommodation, but then later takes it away? Can an employer take away a reasonable accommodation? Well, let’s break it down and understand your rights in this situation.
What is a Reasonable Accommodation?
Before we dive into whether an employer can take away a reasonable accommodation, let’s quickly define what a reasonable accommodation is. A reasonable accommodation is a modification or adjustment made to the work environment or job duties to enable an individual with a disability to perform the essential functions of their job.
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause an undue hardship on the business. Can an employer take away a reasonable accommodation? Not without a valid reason, we’ll get to that later.
When Can an Employer Take Away a Reasonable Accommodation?
So, can an employer take away a reasonable accommodation? Well, the short answer is yes, but only in certain circumstances. Here are some scenarios where an employer might be able to take away a reasonable accommodation:
The Accommodation is No Longer Needed
Can an employer take away a reasonable accommodation if it’s no longer needed? Yes, if the employee no longer needs the accommodation due to improvements in their condition or changes in their job duties.
For example, let’s say an employee with a mobility impairment was granted a wheelchair-accessible workstation. If the employee’s condition improves and they no longer need the accommodation, the employer can take it away.
The Accommodation is Not Effective
Can an employer take away a reasonable accommodation if it’s not effective? Yes, if the accommodation is not helping the employee to perform the essential functions of their job.
For instance, if an employee with dyslexia was granted a text-to-speech software, but it’s not helping them to read documents effectively, the employer can try to find a more effective accommodation or take it away.
The Accommodation Causes an Undue Hardship
Can an employer take away a reasonable accommodation if it causes an undue hardship? Yes, if the accommodation would cause significant financial or logistical difficulties for the business.
However, this is a high standard to meet, and employers need to show that they’ve explored all other options before taking away the accommodation.
How to Take Away a Reasonable Accommodation
If an employer decides to take away a reasonable accommodation, they need to follow the right procedure to avoid any potential claims of discrimination. Here are the steps to follow:
Evaluate the Need for the Accommodation
First, the employer needs to evaluate whether the accommodation is still needed. This might involve consulting with the employee, their medical provider, or a vocational expert.
Can an employer take away a reasonable accommodation without consulting the employee? No, it’s best practice to involve the employee in the process to ensure their needs are taken into account.
Explore Alternative Accommodations
If the employer decides that the accommodation is no longer needed or is not effective, they need to explore alternative accommodations that might be more effective.
For example, if the employee with dyslexia is not benefiting from the text-to-speech software, the employer could explore providing a different type of assistive technology or offering extra training on how to use the existing software.
Document the Decision
Once the employer has made the decision to take away a reasonable accommodation, they need to document the reasons why. This includes the evaluation process, the employee’s input, and the alternative accommodations explored.
What Can You Do if an Employer Takes Away a Reasonable Accommodation?
Can an employer take away a reasonable accommodation without your input or approval? While employers can take away a reasonable accommodation, they still need to follow the right procedure and involve you in the process.
If you feel that your employer is taking away a reasonable accommodation without a valid reason or without following the right procedure, you have options:
Request a Meeting with HR
First, request a meeting with HR or your supervisor to discuss the decision to take away the accommodation. This is your chance to explain your needs and provide input on the decision.
Can an employer take away a reasonable accommodation without consulting HR? While not required, it’s best practice for employers to involve HR in the process to ensure compliance with the ADA.
Appeal the Decision
If you disagree with the decision to take away the accommodation, you can appeal it. You need to provide evidence that the accommodation is still needed and that the employer’s decision is unfair.
File a Complaint with the EEOC
If you feel that your employer is discriminating against you by taking away a reasonable accommodation, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
Closing
Can an employer take away a reasonable accommodation? Yes, but only in certain circumstances, such as when the accommodation is no longer needed, not effective, or causes an undue hardship.
Remember, as an employee, you have rights under the ADA, and employers need to follow the right procedure when taking away a reasonable accommodation.
Key Takeaways
- An employer can take away a reasonable accommodation, but only in certain circumstances.
- Employers need to follow the right procedure when taking away a reasonable accommodation.
- You have the right to request a meeting with HR, appeal the decision, or file a complaint with the EEOC if you disagree with the decision.
- Employers need to explore alternative accommodations before taking away a reasonable accommodation.
Can an employer take away a reasonable accommodation? It’s a complex process, but by understanding your rights and following the right procedure, you can ensure that you receive the accommodations you need to succeed in the workplace.