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A hallway conversation with your manager can feel like enough. You mentioned needing a different schedule because of a medical condition; they nodded, and you both moved on. Then three weeks later, nothing has changed, and HR says they have no record of any request. That moment (when you realize a verbal exchange left you with nothing to point to) is exactly why documentation matters before a dispute ever starts.
We’ve spent more than 50 years focused exclusively on employment law, and the cases we see most often aren’t ones where an employee lacked a valid claim. They’re cases where the employee had a valid claim but couldn’t prove what was said, when it was said, or how the employer responded. Building that record starts the day you first ask for an accommodation, not the day an attorney gets involved.
Do not leave your rights to chance. Call us today at (205) 265-1880 or fill out our online contact form to schedule your confidential case evaluation.
What Actually Counts as an Accommodation Request
Under EEOC enforcement guidance interpreting ADA Title I, an employee doesn’t need to say “reasonable accommodation” or even mention the ADA to put an employer on notice. The standard is lower than most employees expect: you only need to communicate that you need a change at work for a reason connected to a medical condition. That communication can be verbal, in an email, through a note from your doctor, or even through a family member if you’re hospitalized.
The connection to a medical condition is the piece that matters most. Asking for a new desk chair because yours is uncomfortable doesn’t trigger the employer’s obligations under the ADA. Asking for a new desk chair because a back condition makes it painful to sit for long periods does. That link (between a specific workplace difficulty and a medical reason) is what transforms a preference into a protected accommodation request. Without it, an employer has no legal duty to engage in what the law calls the interactive process, the back-and-forth between employer and employee to identify a workable solution.
Creating a Written Record From the Start
The ADA doesn’t require you to put your request in writing. That doesn’t mean you shouldn’t. A written record is the difference between “I said this” and “here is proof I said this.”
Four things to capture at the moment you make the request:
- The exact date the request was made
- Who received it (your direct supervisor, HR, a department manager)
- What you asked for, described specifically
- The medical reason you gave, even if you didn’t name the condition in full
If the conversation happened verbally, send a follow-up email the same day or the next morning. Keep the tone neutral: “I wanted to follow up on our conversation this morning. As I mentioned, I’m requesting [specific change] because of a medical condition that affects [specific function at work]. Please let me know the next steps.” That email creates a timestamp and gives the employer a chance to correct any misunderstanding immediately, which works in your favor.
Save every document the employer sends back, whether that’s a formal acknowledgment, a request for more information, or an HR form. When the employer puts something in writing, that document belongs in your personal file, not just on the company’s server.
Tracking the Interactive Process & Medical Documentation
Once an employer is on notice, both sides are expected to engage in good faith to figure out what accommodation, if any, is feasible. This interactive process can take days or months depending on the complexity of the request, and the documentation you keep during it can be just as important as the original request.
Medical Documentation Requests
An employer can’t demand medical documentation simply because you filed a request. They’re entitled to ask for it when the disability or the need for accommodation isn’t obvious or already known. When they do ask, they’re supposed to specify what information they need about the impairment’s nature, severity, and duration. They should not request your entire medical history. Keep a copy of exactly what documentation you submitted, who you gave it to, and the date it was delivered. The ADA doesn’t set a fixed deadline for the interactive process, but unreasonable delay by either party can later be used as evidence of bad faith. Medical information you provide must be kept confidential and stored separately from your regular personnel file, a requirement under the ADA, not just a best practice. Note in your own records who received your documentation and where it was supposed to be stored. If that information later surfaces somewhere it shouldn’t, your notes establish when and to whom you disclosed it.
Logging Employer Responses
Every response from the employer deserves its own entry: the date, who communicated it, what was said, and whether it was written or verbal. If your manager verbally tells you the request is under review, note it. If HR emails you asking for a meeting, save the email. If the accommodation is denied, get the reason in writing if you can, and document the date the denial was communicated regardless.
Why Alabama’s 180-Day Filing Deadline Changes the Stakes
Alabama doesn’t have a state fair employment practices agency, which has a practical consequence most employees don’t know about. In states that have their own fair employment agency, employees typically have 300 days from the discriminatory act to file an EEOC charge. Alabama employees have 180 days. That’s nearly four months less time, and the clock doesn’t start when you realize something may have been unlawful. It starts on the date of the act itself: the date a request was formally denied, the date the employer stopped responding, or the date a promised accommodation was rescinded. Missing that deadline typically means losing the right to pursue a federal claim entirely, and a right-to-sue letter from the EEOC (required before filing a lawsuit under federal disability discrimination law) can’t issue on a charge that was filed too late.
Because there’s no state agency layer in Alabama, charges go directly to the EEOC’s Birmingham District Office, located at Ridge Park Place, 1130 22nd Street South, Suite 2000, Birmingham, AL 35205. There’s no intermediate filing step with a state body first, which also means there’s no parallel state process that might extend your options.
A dated, organized record of your accommodation request, the employer’s responses, and any denial is what turns a workplace conversation into evidence a federal agency can actually evaluate.
If you aren’t sure whether your documentation is strong enough or whether the 180-day window is still open, our attorneys at Michel | Sinor can review what you have. Reach us at (205) 265-1880.