Qualified employees may be entitled to certain changes or assistance under the Americans with Disabilities Act.
Under federal law, employers are forbidden from discriminating against employees with disabilities. In addition, the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act, specifically require employers to provide reasonable accommodations to disabled employees. Reasonable accommodations vary but can include, medical accommodations, ergonomic workspaces, places to sit, additional break times etc. However, as an experienced employment law attorney, there are some rules about reasonable accommodations that both employers and employees must follow.
As an initial matter, only qualified employees will be given reasonable accommodations. If a person is not able to perform the underlying job, then no reasonable accommodation will enable him or her to do so. A qualified employee is someone who has the necessary degrees, skills and/or experience for the job, and who can perform its essential functions, with or without an accommodation. For example, a person who uses a wheelchair and a computer science degree is perfectly able to perform a job such as a computer programmer; he or she may simply need an accommodation such as being on an accessible floor, or ensuring that his or her desk is at an appropriate level to be able to work at a computer. On the other hand, person with epilepsy would not be qualified to work as a commercial truck driver. Because a person with this disability cannot perform an essential function of the job — driving — even with an accommodation — he or she is not qualified for the position.
Once it is determined that an employee is qualified, then an employer must provide a reasonable accommodation unless it would pose an undue hardship. Examples of reasonable accommodations could include providing unpaid medical leave to allow an employee to obtain medical treatment, changing a workspace or location to avoid environmental irritants, allowing an employee to work a steady shift to reduce stress or to accommodate a medication schedule, or even transferring an employee to another office to allow him or her obtain better medical treatment. The type of accommodation will vary based on the particular needs of the employee, and what the employer is able to offer to help him or her be able to perform the job.
Importantly, there are some accommodations that are not reasonable. If a particular accommodation will impose an “undue hardship” on an employer, then it will not be upheld. For example, if a proposed accommodation causes significant difficulty or is overly expensive, then an employer does not have to offer it. As an employment law attorney can explain, the reasonableness of an accommodation will depend on a number of factors, such as the size of the employer, the type of accommodation, and the type of business. If an employee is having difficulty seeing his computer screen due to a vision issue, and simply asks to be moved to a different desk, that is an accommodation that will likely cost nothing (or very little). However, if an employee asks his small employer to install an entirely new lighting system throughout the building because the fluorescent lights in the business give him headaches, that may be too expensive to qualify as a reasonable.
Disability discrimination is a pervasive problem across the United States. If you believe that you have been discriminated against as a result of your disability, know that there is help. At PLBH, we are dedicated to helping employees. Contact us at (800) 435-7542 or info@plblaw.com to schedule an appointment with a knowledgeable employment law attorney today.