What to Do When an Accommodation is Not Effective or When a Request is Denied

Navigating the world with a disability often means relying on reasonable accommodations, which are changes or adjustments to the environment or job/school structure that enable equal opportunity. Whether in the workplace or an educational setting, the accommodation process is not always linear. 

So, what should you do if the accommodation you received isn't actually helping, or if your initial request was denied?  

When the Accommodation is Not Effective 

An effective accommodation is one that reduces the barrier caused by your disability and allows you to perform essential job functions or meet academic requirements. If the solution provided isn't working, it's time to re-engage in the process and connect with your HR and accommodations team.  

1. Document the Shortcomings 

The first and most critical step is to document everything. Keep a detailed log of: 

• The specific issues: Why is the accommodation ineffective? Does it only address part of the barrier? Does it create a new problem? 

• Specific examples: When did it fail? For how long? What was the impact (e.g., missed deadlines, increased pain, reduced focus)? 

• Your efforts: What were the processes you followed to try to make it work? What could be changed? 

2. Re-Engage the Interactive Process 

Accommodation laws (like the ADA in the workplace or Section 504/IDEA in schools) require an "interactive process,” or a dialogue between you and the institution or employer. The fact that the current accommodation is ineffective is a strong reason to restart this dialogue. 

• Communicate the Problem: Contact the relevant party (HR, supervisor, Disability Services, or IEP/504 team) in writing. Clearly explain, using your documentation, why the current accommodation is failing to meet your needs. 

• Propose Alternatives: Research and suggest a revised or new accommodation that will be more effective for you. Providing a clear alternative can move the conversation forward. 

3. Seek Additional Support 

If necessary, work with your medical provider or a specialist to get updated documentation. This documentation should: 

• Clearly state your current functional limitations. 

• Explain why the current accommodation is insufficient. 

• Specifically support the need for your proposed alternative accommodation. 

When Your Accommodation Request is Denied 

A denial can feel incredibly defeating, but it is rarely the final answer. You have the right to challenge a denial. 

1. Review the Written Denial 

An employer or institution should provide a denial in writing, clearly stating the reason. Common legal reasons for a denial include: 

• Undue Hardship: The accommodation would cause significant difficulty or expense to the employer/institution. 

• Ineffective: The request would not actually enable you to perform essential functions or meet academic standards. 

• Insufficient Documentation: You did not provide enough medical or professional information to support the need. 

2. Address the Stated Reason 

Your strategy for appeal should directly respond to the reason given in the denial letter. 

• Insufficient Documentation 

• Submit New Information: Get a new, more detailed letter from your provider that clearly links your disability, your functional limitations, and the specific accommodation requested. 

• Undue Hardship 

• Propose an Alternative: Research and suggest a less costly or disruptive accommodation that still meets your needs, demonstrating flexibility in the interactive process. 

• Ineffective Accommodation 

•  Provide Clarity: Submit detailed evidence (your documentation log) and a clear explanation of why the accommodation is necessary to perform your essential functions or access the program. 

3. Follow the Formal Appeals Process 

Most organizations have a formal process for appealing accommodation denials. 

• Internal Appeal/Reconsideration: Submit a written request for an appeal or reconsideration to the next level of management or a designated official (often within a short timeframe of the denial). Include your new information and strong rationale. 

• Mediation (in a school setting): In education, mediation is often an option to resolve disputes without a formal hearing. 

4. Seek External Assistance 

If you've exhausted internal options, you may need to look outside the organization. 

• Workplace (US): You can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or a similar state-level Fair Employment Practice Agency. 

• School/Higher Education (US): You can file a complaint with the Office for Civil Rights (OCR). 

• Legal Counsel/Advocacy: Consulting an attorney specializing in disability law or contacting a disability rights advocate can provide expert guidance and representation. 

A Crucial Reminder: Document, Document, Document 

Throughout this entire process, whether you are challenging an ineffective accommodation or a denial, your best defense is a complete record. 

• Keep copies of all communication (emails, letters, forms, denial notices). 

• Log every meeting (date, time, attendees, what was discussed). 

• Record every relevant incident that highlights the need for the accommodation. 

Remember, the goal of an accommodation is to ensure a level playing field. Standing up for your right to an effective accommodation is a form of powerful self-advocacy. 

Do you have a specific situation (workplace or school) you'd like to discuss further, or would you like to know more about the laws protecting your right to accommodations? Sign up for a FREE consultation today!