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Polauf Law LLCStephen Polauf · Attorney at Law

Discrimination, Retaliation & Leave Rights

ADA Compliance and Disability Accommodation

What ADA Compliance and Disability Accommodation Covers

Disability accommodation law operates under two overlapping frameworks in Connecticut. Title I of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., applies to employers with fifteen or more employees and prohibits discrimination against qualified individuals with disabilities, while requiring reasonable accommodation unless doing so would impose an undue hardship. The Connecticut Fair Employment Practices Act, codified at CGS § 46a-51 et seq., covers employers with one or more employees and provides broader protections, including protection against discrimination based on a present or past physical or mental disability, learning disability, or history of intellectual disability.

A reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are customarily done that enables a qualified individual with a disability to perform the essential functions of the position. Common accommodations include modified work schedules, leave beyond standard policy, equipment or ergonomic adjustments, reassignment to a vacant position, and remote work where feasible. The employer is not required to provide the specific accommodation requested by the employee, but must provide an effective accommodation.

The interactive process is not optional. Once an employee requests an accommodation or the need for one is obvious, the employer and employee must engage in a good-faith, informal, interactive dialogue to identify the employee's limitations and explore potential accommodations. The Connecticut Appellate Court adopted that requirement under CFEPA in Festa v. Board of Education of East Haven, 145 Conn. App. 103 (2013). An employer that ignores or brushes off a request invites liability even when the employee's preferred accommodation would not have been required; an employee who refuses to participate or insists on one particular accommodation can defeat an otherwise viable claim. Undue hardship is a narrow defense, measured by factors including the nature and cost of the accommodation, the employer's overall financial resources, and the accommodation's effect on operations. It is a fact-specific determination, not a general assertion of inconvenience.

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. Missing that deadline forecloses otherwise viable claims.

For Employers

I advise employers on structuring accommodation requests, documenting the interactive process, and evaluating undue hardship defenses under both the ADA and CFEPA. Most accommodation disputes do not start with a denial on the merits; they start with a manager who ignored the request, an HR file with no record of discussion, or a form letter that treated the employee's doctor's note as the final word.

I draft and review accommodation policies, train managers on recognizing accommodation requests, and assist with the medical inquiry boundaries imposed by the ADA. I also defend employers against CFEPA and ADA accommodation claims, including representation before the CHRO and EEOC. Connecticut's broader definition of disability and its independent interactive-process obligation mean that a federal-compliant approach is not always sufficient.

For Employees

If you have a physical or mental condition that affects your ability to work, you may be entitled to a reasonable accommodation. The request does not need to use the word "accommodation" or cite the ADA; it is enough to communicate that you have a medical condition and need a change at work. Connecticut law protects employees during the request itself, meaning retaliation for asking can be a separate claim.

I help employees frame accommodation requests, respond to employer denials, and evaluate whether an employer's asserted undue hardship is supported. I also represent employees in CHRO charges when an accommodation request is ignored, denied without process, or followed by adverse action. The sooner the request and the employer's response are documented, the stronger the case.