What Can I Ask For If My Employer Isn't Honoring My ADA Accommodation Request in Utah?

Attorney Answer

When an employer is not properly responding to a disability accommodation request, it helps to know both what you are entitled to ask for and how to document that the process is being violated. Under the Americans with Disabilities Act, and Utah's own Antidiscrimination Act enforced by the Utah Labor Commission, employers with enough employees to be covered generally must engage in what is called an "interactive process" with an employee who requests an accommodation, meaning a genuine back-and-forth conversation about what would help you do your job, rather than simply denying or ignoring the request.

Reasonable accommodations can include a wide range of things, depending on your specific limitation and job duties, such as:.

A modified work schedule or additional breaks - Changes to your physical workspace, such as different equipment, seating, or lighting - Remote work or a modified work location, where feasible for the role - Reassignment of minor, non-essential job duties - Additional unpaid leave for treatment or recovery, in some circumstances - Modified or assistive technology or software

An employer does not have to grant the exact accommodation you request if there is an effective alternative, or if your specific request would cause a genuine "undue hardship" for the business, but they generally cannot simply ignore the request or refuse to discuss it at all.

What "being violated" might look like, and what to document: 1. Write down the timeline. When you made the request, in what form (email is best), and what response, if any, you received. 2. Ask for a decision in writing if you have not received one, and note if your employer is delaying without explanation. 3. Keep records of how the lack of accommodation is affecting your work, including any related discipline or negative treatment. 4. File a charge with the Equal Employment Opportunity Commission (EEOC) or the Utah Labor Commission's Antidiscrimination and Labor Division if the employer continues to refuse to engage, since this is usually a required step before filing a lawsuit under the ADA. The deadlines are strict and differ by agency. A state filing with the Utah Labor Commission generally must be made within 180 days of the violation, while an EEOC charge generally must be filed within 300 days. Confirm the current deadlines with the agency or a lawyer right away.

This is general legal information, not legal advice. A Utah employment attorney can review your specific accommodation request and your employer's response and advise you on the strongest way to proceed.