Posted on May 25, 2023 in Disability Discrimination
Living with a disability, whether permanent or temporary, can make it challenging to accomplish particular processes you are responsible for performing at your job. Your condition may require some reasonable accommodations to be made to make your job duties manageable. This is where the Americans with Disabilities Act (ADA) is there to help.
The Americans with Disabilities Act (ADA) is in place to help people with disabilities continue to work or it enables them to seek new employment. Because of this act, employers are not permitted to discriminate against anyone based on their disabilities. They must consider accommodating their disabled employees so they can continue to do the essential functions required of them unless it would make it an excessive difficulty for the business.
The ADA calls on businesses to make changes in their company’s work environment so that people who have disabilities can still partake in employment opportunities. Employers may not question an employee’s disability. They can approach the employee about suggestions they could entertain to make performing the essential functions of their job doable.
A reasonable accommodation so that a disabled person may do their job is based on several things that are listed below:
The accommodation must aid the person with the disability without creating an unfair and unjust hardship for the employer. Some examples of “reasonable accommodations” might include the following:
Accommodations will be considered based on what needs to be done so that the employee’s specific disability and job are addressed. Many accommodations are centered around what can be done to make the workplace more easily navigated and the jobs required more easily completed. But, workplace accommodations do not end there. Suppose your disability requires the employee to visit their healthcare provider regularly. The employer may be directed to approve time off for the employee.
What accommodations are considered reasonable can be confusing to employers and employees alike. If the disabled employee’s co-workers are burdened because of the accommodations or if the work environment is considered unsafe for the coworkers, the accommodations would not be considered reasonable.
If you are a California employee with a disability who suspects your rights are being violated, Walker Law, PC, has the understanding and legal experience with the ADA and those discriminating against those protected by it to help. Contact us today so that we can answer questions about reasonable accommodations if you have a disability that qualifies you for them and how the Americans with Disabilities Act (ADA) process can help you. Our skilled San Diego disability discrimination attorneys can outline your rights and will help you navigate the legal complications you may face when attempting to have them enforced.