The Failure to Accommodate
A medical diagnosis should not be a career-ending event. Under the Americans with Disabilities Act (ADA) and Maryland law, employers must provide reasonable accommodations unless it causes "undue hardship." Far too often, employers skip the conversation and go straight to a "separation."
We represent professionals whose employers refused to help them stay on the job. We understand the technical requirements of the law and how to prove that an accommodation was both reasonable and available.
The Americans with Disabilities Act (ADA) and Maryland FEPA require employers to engage in a good-faith "interactive process" to identify reasonable accommodations for employees with disabilities. A failure to engage in this process or the refusal to provide an accommodation that does not impose an "undue hardship" on the employer constitutes a violation of both state and federal law.
Maryland law specifically prohibits discharging an individual if they are capable of performing the "essential functions" of their position with or without accommodation. We litigate cases where employers bypass their legal duty to accommodate and instead move directly to a "separation" following a medical diagnosis or a request for a modified work schedule.
Our Disability Discrimination and Accommodation Attorneys
Attorney
Nathan Holliman
Nathan Holliman is an attorney at Fortis Employment Law specializing in high-stakes employment disputes. A Peggy Browning Fellow with an elite background in Alternative Dispute Resolution (ADR), Nathan leverages sophisticated negotiation strategies to secure leverage and results for recently terminated Maryland professionals.
FAQs
Is medical leave considered a reasonable accommodation?
In many cases, yes. While an "indefinite" leave is rarely required, a defined period of leave to recover or receive treatment is frequently recognized as a reasonable accommodation under the ADA and Maryland law.
What if my employer never responded to my accommodation request?
The law requires an "interactive process"—a good-faith dialogue about your needs. Silence or an immediate firing after a request is often evidence of a failure to accommodate and illegal retaliation.
Can I be fired for my medical limitations if I can still do my job?
If you are a "qualified individual" who can perform the essential functions of your job with a "reasonable accommodation," it is illegal for a Maryland employer to fire you because of your disability.