In the realm of employment, federal laws such as the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act uphold the principle that employees with disabilities should not face discrimination.
Central to this is the concept of ‘reasonable accommodation’, a term that encompasses a variety of adjustments in the workplace to support disabled employees. These can range from medical accommodations and ergonomic setups to additional break times. However, there are specific guidelines that both employers and employees need to be aware of, which an experienced employment law attorney can clarify. Contact PLBH at (800) 435-7542 if you require a free legal consultation.
Who Qualifies for Reasonable Accommodations?
Reasonable accommodations are specifically designed for ‘qualified’ employees. This means that the individual must possess the necessary skills, degrees, or experience for the job and be able to perform its essential functions, with or without accommodation.
For example, a computer programmer who uses a wheelchair may simply require adjustments such as a workspace on an accessible floor or a desk at a suitable height. Conversely, a person with epilepsy might not qualify for a job as a commercial truck driver, as they cannot perform the essential function of driving, even with an accommodation.
The Scope and Limitations of Accommodations
Once an employee’s qualifications are established, employers are obligated to provide reasonable accommodations, barring instances where it would cause undue hardship. This might involve providing unpaid medical leave for treatment, altering a workspace to avoid irritants, adjusting work schedules to suit medication timings, or transferring to a location with better medical facilities. The nature of the accommodation depends on the employee’s needs and what the employer can feasibly offer.
Determining Reasonableness and Undue Hardship
Not all accommodations are considered reasonable. An ‘undue hardship’ for an employer, such as significant expense or difficulty, exempts them from providing certain accommodations. The assessment of what is reasonable involves several factors, including the employer’s size, the nature of the accommodation, and the business type.
For instance, moving a desk to accommodate an employee’s vision issues is usually feasible, whereas installing a new lighting system for a small employer might be excessively burdensome and thus not required.
Addressing Disability Discrimination
Disability discrimination remains a significant issue in the United States. If you suspect that you’ve been discriminated against due to your disability, it’s crucial to know that support is available. At PLBH, we are committed to assisting employees in these matters. For further guidance and to understand your rights better, reach out to us at (800) 435-7542. Our experienced employment law attorneys are ready to help you navigate these challenges and ensure your workplace rights are upheld.