As plaintiff’s employment attorneys serving Chicago, we know that questions about what qualifies as a “reasonable accommodation” under the Americans with Disabilities Act (ADA) and Illinois employment laws often determine the outcome of workplace disputes. Many employees are unsure of their rights or believe that asking for accommodations will jeopardize their job. Federal and state laws provide strong protections, but understanding the scope of those rights is critical to ensuring they are enforced.
Under the federal ADA (42 U.S.C. § 12101 et seq.) and the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), employers with a certain number of employees are required to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause an undue hardship. These accommodations are intended to allow the employee to perform the essential functions of their job without removing those essential duties altogether. The definition of “reasonable” is fact-specific, and disputes often arise when employers either misinterpret their obligations or fail to engage in the required “interactive process” with the employee.
The ADA applies to employers with 15 or more employees and requires accommodations for individuals who meet the definition of having a disability—meaning a physical or mental impairment that substantially limits one or more major life activities. The Illinois Human Rights Act mirrors many of these protections but applies to smaller employers with one or more employees, making Illinois law broader in coverage.
Reasonable accommodations under 42 U.S.C. § 12112(b)(5)(A) and 775 ILCS 5/2-102(A) can include modifications to the work environment, changes to work schedules, the acquisition of equipment, or adjustments to policies. Employers are prohibited from refusing a reasonable accommodation unless they can show it causes significant difficulty or expense in relation to the size, resources, nature, or structure of the business.
A reasonable accommodation can take many forms, depending on the needs of the employee and the essential functions of the position. Examples include:
The accommodation must address the specific limitations caused by the disability and must be effective in enabling the employee to perform their job duties.
Both the ADA and Illinois law require that employers engage in a good faith “interactive process” once they are aware of the need for an accommodation. This means the employer and employee must communicate openly to identify what accommodations may be effective. Employers who fail to participate in this process risk liability for discrimination, even if the accommodation requested would have been difficult to implement.
It is also important to note that employees do not need to use legal terms like “reasonable accommodation” when making their request—simply notifying the employer of a need related to a medical condition is enough to trigger the duty to engage in this process.
An employer is not required to provide an accommodation if it causes an undue hardship. Undue hardship means an accommodation that would require significant difficulty or expense in light of the business’s size, financial resources, and operations. Employers cannot deny accommodations simply because they cause inconvenience or minor expense—there must be a legitimate and significant burden.
However, an employer cannot unilaterally decide that an accommodation is an undue hardship without first exploring alternative accommodations with the employee.
If an employer refuses to provide a reasonable accommodation, the employee may have a claim for discrimination under both federal and Illinois law. Proving such a case often involves showing:
Documentation is key. We advise employees to keep records of all requests, correspondence, and any employer responses or lack thereof.
A disability is any physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, or working. Illinois law under the Illinois Human Rights Act may provide broader protection than the ADA, covering conditions that might not meet the federal threshold.
You must provide enough information for your employer to understand the nature of your limitations and the need for an accommodation. This may involve medical documentation, but you do not need to share every detail of your medical history.
Yes. The employer is required to provide an effective accommodation but not necessarily the specific one you request. However, the chosen accommodation must allow you to perform the essential functions of your job.
Cost alone is not enough to deny an accommodation. The employer must show that the cost would cause significant difficulty or expense relative to their resources. In some cases, tax credits or outside funding sources may offset costs.
There is no specific deadline under federal or Illinois law, but employers must respond in a timely manner. Unnecessary delays can be considered a failure to accommodate.
No. Retaliation against an employee for requesting or using a reasonable accommodation is prohibited under both the ADA and Illinois law. If you are terminated or disciplined for making a request, you may have a separate claim for retaliation.
If an employer does not respond or engage in the interactive process, this can be a violation of both federal and Illinois law. You should document all attempts to communicate and seek legal advice immediately.
At North Suburban Legal Services, we stand up for employees whose rights under the ADA and Illinois Human Rights Act have been violated. If your employer has refused to provide a reasonable accommodation, failed to engage in the interactive process, or retaliated against you for making a request, we are ready to help.
Contact our Chicago employment lawyers at North Suburban Legal by calling 312-909-6089 to receive your free consultation. We represent employees in Chicago and throughout the entire city of Chicago, Illinois.