Practical Guidance

Residency accommodation denied for something you never asked for

Short answer

Read the denial against your original written request. If it describes the request differently, write back promptly: quote what you actually asked for, correct the description, and restate the request in terms that answer the objection the denial gives. Ask for the interactive process to continue, and keep a dated record of each step.

Read the denial again. Is that what you asked for?

Accommodation denials sometimes answer a different request than the one the resident made. A narrow, specific change is described as a broad one. A temporary request is described as permanent. A change to how a task is done is described as removing the task. Then the broader version is denied.

Send us the denial and your original request: start a confidential intake.

Compare the two documents

Put your written request next to the denial and check:

  • Does the denial describe the change you asked for, in your terms?
  • Does it describe the duration you asked for?
  • Does it state a reason, and is the reason about your request or a different one?
  • Does it offer an alternative, or invite further discussion?

Correct the record, promptly

If the denial describes your request differently, write back soon:

  1. Quote what you actually asked for, with the date.
  2. Say where the denial's description differs.
  3. Restate the request in terms that answer the stated objection.
  4. Ask that the interactive process continue, and ask what alternative the institution would provide.

Keep it short and factual. Keep a copy outside your institutional account.

Keep the timeline going

Record the date of each request, meeting, determination, and correction, and the first day anything approved is actually in place. Accommodations generally apply going forward, so the dates matter. See how to request an accommodation and approved but not provided.

One honest limit

Accommodations usually work going forward. They rarely erase concerns raised before you asked, which is why asking early matters.

Deadlines

A charge for failure to accommodate carries the same 180- or 300-day federal limit as other discrimination charges. Whether you have a claim is a question for a lawyer who has reviewed your file.

If this is happening to you

Send us the denial and your original request, and tell us what has happened since. We will review your situation confidentially and point you to the right next step: start a confidential intake.

Resident Help is not a law firm, and submitting an intake does not create an attorney-client relationship. If your situation needs a lawyer, we will tell you and help you find one.

Common questions

My accommodation request was denied in residency. What can I do?
First, check whether the denial describes what you actually asked for. If it does not, correct the record in writing and restate your request. If it does, ask what alternatives would work, and ask for the interactive process to continue. Keep copies and dates.
Can my program deny an accommodation?
An employer may decline a specific accommodation, for example where it would cause undue hardship or where an effective alternative exists. The process is meant to be a dialogue, so ask what the institution would provide instead.
Is there a deadline after a residency accommodation is denied?
Internal reconsideration windows vary by policy. A charge for failure to accommodate carries the federal 180- or 300-day limit. Whether you have a claim is a question for a lawyer who has reviewed your file.

Sources

If this is happening to you

You can send us a short note in about ninety seconds. It is free, it is confidential, and it does not commit you to anything.

Start Intake

This post is general information and not legal advice. Institutional policies and board rules change, so confirm the version in force on your dates.