What Do I Do if My Accommodation Request is Denied?

Welcome to Part 3 of our "Accommodations at Work" Series, where we explore both the employer and employee's perspective of the accommodation process. In this article, we'll discuss what to do should your initial accommodation request get denied.

It can be frustrating and demoralizing if your request for an accommodation gets denied. That’s understandable! But one denial does not mean the process is over. In fact, there are still steps that you can take that may lead to your needs still being met.

Here are some steps to consider should your accommodation request be denied.

Step 1: Understand Why Your Accommodation Request Was Denied

After you’ve taken a moment to process any feelings that may have risen after the denial (it’s important to process these first so you’re working with a level head!), ask for a specific reason why the request was denied. 

• Was there a misunderstanding? Was something not clear? 

• Was additional documentation needed?

• Did the accommodation not seem feasible?

These are all great questions to understand, as you might have the answers. Additionally, Brooke Poling, Esq., SHRM-CP of Optimal Employee Relations recommends that you review your employer's accommodation policy to ensure that you and your employer complied with the set procedure. Ask any clarifying questions about the policy - perhaps the resistance is a misunderstanding of the procedure.

Step 2: Prepare Alternative Solutions

If there was a misunderstanding or a lack of clarity, be prepared to fill in the blanks as soon as possible. If more documentation is needed, work with your medical professional to get the appropriate forms completed. But if the accommodations weren’t as feasible as originally anticipated, be prepared with other solutions that might be easier to implement. 

For example, if your employer is concerned about noise-cancelling headphones due to safety concerns, could you simply move to another space that’s quieter, or use a white noise machine to drown out audio stimuli? 

Be sure to frame any accommodation as a benefit to your productivity and overall success. In the above example, the quieter it is, the better your focus, and the more productive you can be. 

Step 3: Ask for Readily Available Resources

If your organization isn’t able to meet your request, be sure to ask if they have other suggestions or resources that are available to you. Consider checking out an Employee Assistance Program (EAP) and see if they can financially contribute to an accommodation if cost is an issue. Additionally, an EAP may be able to provide guidance or advocacy support. 

Does your organization have an Employee Resource Group (ERG) or affinity group that supports neurodivergent employees? Could you connect with them and learn more about how others have navigated accommodations in the workplace? 

Step 4: Make Small Changes On Your Own

If formal accommodations are denied, you may still be able to implement small changes on your own, such as:

• Modifying your workflow: Use time-blocking techniques, project management tools, or noise-reducing apps to create structure.

• Use personal devices or tools: If your company won’t provide assistive tech, see if you can use your own, like a smartwatch for reminders or speech-to-text apps.

• Adjust your environment subtly: Rearrange your workspace or create visual cues to aid focus.

• Find natural flexibility: If you struggle with early mornings, can you schedule key meetings later in the day?

Step 5: Seek Legal Support

If you believe your employer is violating disability rights laws (e.g., ADA in the U.S.), consider reaching out to organizations like:

• Job Accommodation Network (JAN) for free guidance.

• Local disability rights groups that can offer advocacy support.

If necessary, consult with an employment lawyer to explore filing a formal complaint with relevant government agencies (e.g., EEOC in the U.S.).

At the end of the day, advocating for yourself is one of the most important actions that you can take for your professional and personal well-being. It may be uncomfortable, but it’s very possible that the benefits to your work, your productivity, and your mental health far outweigh the challenges in the end. Be persistent, give yourself and others compassion, and push forward. Who knows, you may be setting the example for others who come after you! 

Special thanks to Brooke Poling, Esq., SHRM-CP of Optimal Employee Relations for her contributions to this article. 

Need help framing your accommodation request? Not sure where to start? Beyond Neurodiversity can help! Our individual coaching services can help you understand your needs, advocate for yourself, and prepare your accommodation request so you can feel confident asking for the support you need. Contact us today to learn more.

The information contained herein is for educational purposes only. It does not constitute legal advice.