Miami Disability Discrimination Attorney Jason D. Berkowitz Explains Employee Rights When Accommodation Requests Are Denied

MIAMI, FL - August 14, 2026 - When an employer denies, ignores, or responds to a reasonable accommodation request with discipline or termination, the employee may have legal options under federal and Florida law. Miami disability discrimination attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/right-to-reasonable-accommodations/) is helping Miami employees understand their rights when accommodation requests are refused.

According to Miami disability discrimination attorney Jason D. Berkowitz, the Americans with Disabilities Act requires an employer to engage in a good-faith interactive process once an employee requests an accommodation for a qualifying condition. "Ignoring the request or refusing to discuss alternatives may support a failure-to-accommodate claim," Berkowitz explains. "The process doesn't require magic words. Any communication showing a need for a workplace change because of a medical condition can start it."

Miami disability discrimination attorney Jason D. Berkowitz notes that the ADA generally applies to employers with 15 or more employees, and that an employer may deny a specific accommodation only if it is not legally required, would not be effective, or would cause undue hardship, a standard that requires more than inconvenience or an unsupported cost claim.

Berkowitz adds that employers sometimes push employees onto unpaid leave, cut their hours, or move them into a lower role rather than provide a workable accommodation that would let the employee keep working, conduct that may raise legal concerns under the ADA and the Florida Civil Rights Act. Attorney Anisley Tarragona notes that discipline, a sudden negative performance review, or termination that closely follows an accommodation request can support a separate retaliation claim. "Retaliation is a distinct claim from failure to accommodate, and timing is often key evidence," Tarragona says.

The firm advises employees to request a written explanation for any denial, provide reasonable medical documentation when asked, propose alternative accommodations, and use internal appeal processes carefully so they do not miss an EEOC or Florida Commission on Human Relations filing deadline.

To be qualified for a position under the ADA, an employee must be able to perform its essential functions, with or without a reasonable accommodation. Berkowitz notes that essential functions are the duties fundamental to a role, and that factors such as why the position exists, how many other employees could perform the same duties, and the skills required all play into that analysis. Common examples of reasonable accommodations include modified schedules, adjusted equipment or software, reassignment to a vacant position, and unpaid leave when time away is needed for treatment or recovery.

BT Law Group, PLLC represents employees throughout Miami-Dade, Broward, and Palm Beach counties in accommodation, disability discrimination, and retaliation matters, and helps workers preserve the records that may support a claim, including communications, medical documentation, and evidence of how similar requests were handled for other employees.

"If your employer claims an accommodation is too costly or difficult, that undue hardship argument should be tested against the facts," notes Berkowitz. "A valid denial requires evidence, not just discomfort with change."

Remedies in a successful disability discrimination case may include back pay, reinstatement, compensatory damages, and in cases of intentional discrimination, punitive damages, along with attorney's fees and costs. Employees generally have 300 days to file a charge with the EEOC and 365 days to file with the Florida Commission on Human Relations, though recent changes to Florida law affect how civil action deadlines are calculated once an agency determination is issued.

Berkowitz notes that employers may lawfully request reasonable medical documentation when a disability or the need for an accommodation is not obvious, but that documentation must be limited to the condition and the requested change, kept confidential, and stored separately from an employee's regular personnel file. Employees are advised to keep copies of all communication about their request, along with records of how similar accommodations have been handled for other workers, since that information can later support a failure-to-accommodate or retaliation claim.

Employees whose accommodation requests were denied, ignored, or followed by discipline or termination may benefit from a confidential review of their situation and any applicable filing deadlines.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based law firm dedicated to representing employees in disability discrimination, accommodation, and retaliation disputes throughout Florida. Led by attorneys Jason D. Berkowitz and Anisley Tarragona, the firm represents workers throughout Miami-Dade, Broward, and Palm Beach counties. For consultations, call (305) 507-8506.

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