Fired After Requesting an Accommodation? The "Interactive Process" Under Maryland Law

If you have been fired or forced out of your job after asking for a disability accommodation, you may feel like the system failed you. In Maryland, employers have a strict legal obligation to do more than just listen—they must engage in what is known as the "interactive process."

At Fortis Employment Law, we represent employees who have been wrongfully terminated after their employers failed to meet these obligations. Understanding how this process is supposed to work—and where your employer likely went wrong—is the first step in determining if you have a case.

What is the Interactive Process?

The interactive process is a collaborative, good-faith dialogue between an employer and an employee to identify a reasonable accommodation for a known disability. Under the Americans with Disabilities Act (ADA), this process is triggered the moment you put your employer on notice of your disability and your need for a change at work.

Maryland’s Higher Standard: The Individualized Assessment

While federal law requires an "informal dialogue," Maryland law goes significantly further. Under the Maryland Fair Employment Practices Act (FEPA) and state regulations (COMAR), employers have an affirmative duty to conduct an individualized assessment of your abilities.

This is a stronger protection than the federal standard because it requires the employer to formally evaluate:

• Your specific ability to perform essential job functions.

• Potential accommodations, including the reassignment of non-essential duties.

• Reassignment to other vacant positions for which you are qualified.

If your employer simply said "no" without looking into these options, they may have violated Maryland law.

How Employers Often Fail (and Why We Win)

In our experience as Maryland employment litigators, we see two common ways employers break the law:

1. The "Denial by Inaction": The employer receives your request and simply ignores it, hoping you will stop asking or eventually quit.

2. The "Policy" Trap: The employer summarily denies your request based on a vague "company policy" or an undefined "undue hardship" without actually performing the required individualized assessment.

Your Role: Don’t Be a "Difficult" Employee

Trust us on this: juries in Maryland want to see that the employee was respectful and collaborative throughout the process. If you demand a specific accommodation and refuse to discuss alternatives, it can hurt your case later. The goal is to remain the "reasonable party" while the employer fails their legal duty.

A Note on Working from Home: While remote work can be a reasonable accommodation, the Fourth Circuit (which includes Maryland) is notoriously difficult regarding "commute-based" requests. If your request is based solely on the difficulty of your commute rather than your ability to perform the job itself, it may be a "killer" to your legal claim.

The Clock is Ticking: 300 Days to Act

If you were denied an accommodation and terminated, you must generally file a claim with the EEOC or the Maryland Commission on Civil Rights (MCCR) within 300 days of the denial.

Waiting for internal company appeals or HR investigations does not pause this deadline. Because the EEOC intake process is currently experiencing significant delays, hiring an experienced Maryland employment lawyer is critical. Firms like Fortis can often bypass the standard intake delays and file your charge directly.

Is Your Situation a Fit for Fortis?

Fortis Employment Law is a selective, contingency-based litigation firm. We build serious cases for professionals who have been illegally fired.

If you were a high-performing employee who was forced out or terminated after requesting a disability accommodation, we want to hear your story. Contact us today for a free consultation.