My name is Alex Granovsky and I’m the managing member of Granovsky & Sundaresh. We’re an employment law firm with offices in New York City and Cleveland. One question that we get very frequently – when it comes to disability discrimination law – centers on accommodations and more specifically a lot of people ask us whether it’s best to put an accommodation request in writing. The answer is unequivocally YES. You should almost always put your request for accommodation in writing and there are three primary reasons why.
First and foremost, it creates a record. Second, it shows that you’re serious. And third, it clarifies your expectations and avoids misunderstandings.
We’re going to go through all three. But first, when I say do it in writing, there’s no magical format to it. It doesn’t have to be in a memorandum. Frankly, in my opinion, email is usually fine. When you send an email, there’s no question about what you said, who you said it to or when you said it. So you create a beautiful record just by email if your employer makes you fill out additional forms on top of that, so be it.
But let’s get through the three reasons why it’s important to make your request in writing. So first it creates a record like I just said. Then there’s no question about what you said or when you said. It is a problem that a lot of people who call us have. They’ll say, “Well, I requested an accommodation but you know it’s just in passing speaking to my supervisor.” Maybe you did, but we can’t prove it. Okay? And that’s a problem.
The second reason why you want to put in writing: it shows you’re serious. It means you have the conviction to put your request in writing and that it’s not just some casual conversation you’re having over coffee. You are making a formal meaningful legally significant request for accommodation, and there are consequences if your employer chooses to ignore that or not respond adequately.
And third, and finally you know by putting your request in writing, you’re clarifying the expectations right off the bat. You’re avoiding a lot of the misunderstandings that can happen, and employers are required to go through an interactive process with the employee to determine whether and what accommodations are possible and plausible.
It’s a great first step – putting the request in writing as an employee so you can clarify those expectations and avoid misunderstandings.Like I said in the beginning, I’m the managing member of Granovsky & Sundaresh. We are an employment law firm. If you have questions about employment law (or anything else – whether you’re in New York City or elsewhere), feel free to call, text or email anytime. Thanks for watching. Bye.