Disability Discrimination and Reasonable Accommodation Law
Disability accommodation in Connecticut is governed by Title I of the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)1 and the Connecticut Fair Employment Practices Act (CGS § 46a-51 et seq.)2. CFEPA applies to employers with one or more employees (contrasted with the ADA's 15-employee threshold) and protects a broader spectrum of conditions, including past or present physical, mental, and learning disabilities, without requiring that the impairment substantially limit a major life activity as demanded under federal law.
A reasonable accommodation encompasses modifications to the work environment, job duties, or scheduling that enable a qualified individual to perform essential job functions. Legally recognized accommodations include modified work schedules, ergonomic adjustments, medical leave extensions, restructured non-essential tasks, reassignment to vacant positions, or remote work arrangements. While an employer is not required to provide the employee's preferred accommodation, it must provide an accommodation that is effective.
Under Festa v. Board of Education of East Haven, 145 Conn. App. 103 (2013), Connecticut law mandates that employers engage in a good-faith interactive process upon receiving notice of an employee's disability and accommodation request. Failure to participate in this interactive dialogue constitutes an independent basis for liability under CFEPA where a reasonable accommodation could have been identified. Conversely, an employee who refuses to cooperate in good faith or fails to provide requested medical clarification compromises their failure-to-accommodate claim. An employer may only deny an effective accommodation by establishing the affirmative defense of undue hardship—demonstrating significant operational disruption or prohibitive expense under 42 U.S.C. § 12111(10) and Connecticut regulations.
Filing Deadline: 300 Days
Disability discrimination and failure-to-accommodate claims under CFEPA must be filed with the CHRO within 300 days of the adverse act under CGS § 46a-82(f)(2). Missing that deadline forecloses otherwise viable claims.
For Employers
I advise employers on evaluating accommodation requests, structuring defensible interactive process records, and assessing undue hardship thresholds. Failure-to-accommodate exposure typically stems from unrecorded supervisor interactions, improper medical documentation inquiries under 42 U.S.C. § 12112(d), or knee-jerk denials without exploring alternatives.
I draft compliant accommodation protocols, establish lawful medical inquiry workflows, and defend businesses against disability discrimination and failure-to-accommodate claims before the CHRO, the EEOC, and Connecticut state and federal courts.
For Employees
Employees seeking accommodations for physical, psychological, or chronic conditions are protected against discrimination and retaliation under both CFEPA and the ADA. An accommodation request does not require technical statutory language; notice to a supervisor or HR regarding medical limitations suffices to trigger the employer's legal duty to initiate the interactive dialogue.
I assist employees with articulating precise, medically supported accommodation requests, challenging bad-faith delays or unjustified denials, and prosecuting failure-to-accommodate and retaliation charges before the CHRO and in court.