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What Accommodations Must My Employer Provide for My Disability?
Traversing the workplace can present challenges for individuals with disabilities. However, one key protection under employment law is that employers are required to provide reasonable accommodations so that employees with disabilities have equal access to opportunities and can perform job duties effectively.
The Lampert Law Office, LLC is here to help you understand these accommodations, which help eliminate barriers that may prevent individuals from succeeding in their roles, creating a fair and inclusive work environment.
The question of what accommodations an employer must provide can be complicated, as it depends on the nature of the disability, the job, and the work environment.
Some accommodations might be straightforward, like providing assistive technology or modified work schedules, while others may involve more intricate adjustments. Understanding your rights as an employee, as well as the scope of your employer's obligations, is essential in handling these situations.
This knowledge not only empowers employees to advocate for their needs but also encourages employers to comply with the law and create an equitable, supportive workplace for all.
Whether you’re seeking accommodation for a physical, mental, or sensory disability, being informed about the process and the range of potential accommodations available is crucial to make sure you can thrive in your role without unnecessary obstacles.
What to Know About Disability Under Employment Law
To determine what accommodations are required, it’s important to first understand what qualifies as a disability under employment law.
The Americans with Disabilities Act (ADA) defines a disability as a physical or mental impairment that substantially limits one or more major life activities. This can include conditions such as mobility impairments, hearing or vision disabilities, mental health conditions, and more.
Employers are obligated to provide accommodations to employees with disabilities unless doing so would impose an “undue hardship” on the employer. An undue hardship refers to a situation where providing accommodation would be excessively difficult or expensive in relation to the size and resources of the employer.
What Are Reasonable Accommodations?
Reasonable accommodations are adjustments or modifications made to the workplace that allow an employee with a disability to perform their job functions effectively. These accommodations are designed to make sure that employees aren’t excluded from job opportunities due to their disability.
Under employment law, reasonable accommodations can vary widely depending on the nature of the disability and the specific job requirements. Here are some common examples of reasonable accommodations.
Modifying work schedules: Flexible hours, changes in work shifts, or part-time schedules can allow employees with disabilities to perform their work effectively.
Providing assistive technology: For individuals with vision impairments or other disabilities, the use of screen readers, voice-to-text software, or other assistive technology may be necessary.
Modifying equipment or workspaces: This could involve adjusting the height of desks, providing a chair with better back support, or installing ramps to accommodate individuals with mobility impairments.
Job restructuring: An employer may remove non-essential tasks from an employee’s job description or modify the way certain tasks are completed to better suit the individual’s capabilities.
Providing a support person: Some employees may require a personal assistant or sign language interpreter to assist them during meetings, phone calls, or other work-related tasks.
Providing additional breaks: Employees with certain conditions may need extra rest or health-related breaks throughout the day.
Reassigning to a different position: If an employee can’t perform the essential functions of their current job due to their disability, the employer may be required to reassign them to a vacant position, provided that the employee is qualified for the role.
The Interactive Process
Employers and employees must engage in a process known as the “interactive process” under employment law when determining the appropriate accommodations. This involves an open dialogue between the employer and the employee to identify the nature of the disability and discuss potential solutions.
Both parties should work collaboratively to find an accommodation that balances the needs of the employee with the resources and capabilities of the employer. The interactive process should include the components below.
The employee’s disclosure of the disability and their need for accommodation.
A discussion of the specific limitations the employee faces in performing job duties.
Exploration of various potential accommodations.
An assessment of whether those accommodations would cause undue hardship to the employer.
It’s important to note that employees aren’t required to disclose their disability to their employer unless they’re requesting an accommodation. However, disclosure is often necessary to initiate the accommodation process, as the employer needs to understand the nature of the disability to provide appropriate support.
How Employers Can Deny Accommodations
Employers aren’t required to provide any accommodation that would impose an undue hardship. Employment law defines an undue hardship as an accommodation that would be too costly, difficult, or disruptive to implement in the context of the employer’s business.
Factors like the size of the company, the company’s financial resources, and the impact of the accommodation on the operation of the business are all considered when evaluating whether an accommodation is an undue hardship.
Employers may also deny accommodations if the requested change would fundamentally alter the nature of the job or if the accommodation isn’t related to the essential functions of the position.
For example, if an employee requests an accommodation that is unrelated to their ability to perform their job functions (such as a modification that only benefits their comfort but doesn’t allow them to do their work), the employer may deny it.
The Legal Process for Requesting Accommodations
The legal process for requesting accommodations is an important aspect of making sure that individuals with disabilities are able to work effectively and have equal access to employment opportunities.
According to the U.S. Department of Labor, under employment law, particularly the Americans with Disabilities Act (ADA), employees are entitled to request accommodations that help them perform their job duties, provided the accommodations are reasonable and don’t impose undue hardship on the employer.
To request accommodations under employment law, the process typically follows these steps.
Disclose your disability: Employees must inform their employer of their disability, either verbally or in writing. This is necessary to begin the accommodation request process.
Request a reasonable accommodation: Once the disability is disclosed, employees should request a specific accommodation that would help them perform the essential functions of their job.
Engage in the interactive process: Both the employer and employee should engage in a good faith dialogue to explore and agree upon appropriate accommodations.
Employer’s response: Employers are required to respond to accommodation requests in a timely manner. If they deny the request, they must explain why the accommodation isn’t feasible or why it would pose an undue hardship.
Filing a complaint: If an employee believes their request has been unfairly denied, they may file a complaint with the Equal Employment Opportunity Commission (EEOC) or their state’s human rights commission.
When Employers Fail to Provide Accommodations
When an employer fails to provide accommodations for a disability, it can lead to serious legal consequences. If an employee believes that their employer has violated their rights under employment law by refusing to provide reasonable accommodations, they can file a complaint with the EEOC or take legal action.
Here are some potential consequences for failing to provide accommodations.
Legal liability: Employers who fail to comply with the ADA may face legal action and could be required to pay damages or attorney’s fees.
Damage to reputation: Employers who fail to provide reasonable accommodations may harm their reputation, leading to negative publicity and a loss of trust among employees and potential job candidates.
Discrimination claims: Failing to provide accommodations could result in a claim of disability discrimination, which can lead to serious consequences under employment law.
Get the Employment Law Assistance You Deserve
Knowing your rights under employment law is essential when it comes to disability accommodations throughout Southwest Missouri, including Springfield, Greene County, Christian County, Joplin, Branson, Carthage, Neosho, Monett, Ozark, Republic, Lamar, and Ridgedale.
Employers are required to provide reasonable accommodations unless doing so would impose an undue hardship. If you feel that your employer isn’t meeting their obligations under the law, consult with an experienced employment law attorney at The Lampert Law Office, LLC today.