Hootsworth’s Questions & Answers

If an employer in the past agreed to modified work hours, based on a previous disability, but then 3 weeks in they require going through a process to gain these accommodations, and this process takes 1-3 months, and until then is requiring normal workplace activities, is this considered workplace disability harassment/ discrimination?


Thanks for your question!

Every work situation is unique and an assessment of what is or is not appropriate depends on all the facts and the context of the situation.

As you've outlined, the question is whether the employer or manager can insist on a full work schedule pending completion of the administrative process to determine an appropriate reasonable accommodation. Most neutral third parties will deem some amount of time working a full schedule to be reasonable, but whether 3 months is a reasonable waiting time depends on a number of factors including the business needs and the process needed to verify a disability and identify reasonable accommodations.

As a best practice, you may want to send a written communication outlining the situation and clearly asking when you may expect to receive an analysis for the reasonable accommodation.

By outlining the process in writing, you'll bring transparency and accountability to the process.

Hope that helps.

Sm thumb patty perez
Answered by
Patti Perez
Workplace & Harassment Expert
March 6 2018
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