In order to prevail on a failure to accommodate claim, you need to have a recognized disability and you need to be qualified to perform the essential duties of your position with a reasonable accommodation. To establish that you have a disability, your medical condition must limit your ability to substantially participate in one or more major life activities. Before being able to file a claim for failure to accommodate, the employee must first make the request for an accommodation. This request should be made with a physician’s note identifying the restrictions and the accommodation requests. Your employer may take action that violates your rights by failing to properly accommodate your disabilities, terminating you or making disingenuous excuses as to why they cannot accommodate you. If you believe that your rights have been violated by an Employer that is not willing to accommodate your disabilities, contact us for a free evaluation.