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Can my employer rescind my ADA accommodation?

For years your employer has accommodated your disability. You felt good working there, knew that they cared and supported you. But, one day, not too long ago, they told you they would no longer work with you. They rescinded your accommodation.

Can they do that? Doesn’t the Americans with Disabilities Act (ADA) require them to provide you with the best possible work environment? Isn’t it discrimination? What are you supposed to do now?

What the ADA says

The Americans with Disability Act (ADA) requires that employers provide reasonable accommodation. Some webpages even describe them not as “accommodations” but as “productivity enhancers.” The fact, however, that they provided the accommodation and now choose not to, may be discrimination and it may not. It depends on the totality of the circumstances.

A company that has fewer than 15 employees is already exempt from the ADA and whatever they have provided for you so far is a courtesy, not required and may be removed at any time.

A company with more than 15 employees is required to follow the ADA guidelines. But, that does not mean, necessarily, that rescinding your accommodation is illegal or discriminatory.

How was it done?

Is your company now in financial difficulties? They may now face an undue burden. Have they laid off other employees and now are requiring you to pick up the slack? This may be legal.

On the other hand, if you have recently been complaining about a co-worker who is harassing you, and suddenly your accommodation was rescinded, there may be more to what the company is doing, it might be retaliatory and you might have a claim against them

Being sure

An employment law attorney offers salient counsel in these circumstances. His knowledge and abilities allow him to assess your case and offer the best possible advice for your situation.

Protecting your future and your livelihood is essential and is your right under the law. Take advantage of that opportunity and, when in doubt, consult a lawyer.

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