Do You Require An Accommodation To Get Through The Work Day?
The Americans with Disabilities Act (ADA) makes it illegal for employers to discriminate against people with disabilities. The ADA also requires employers to make “reasonable accommodations” for a disability, such as assistive or accessibility measures so those workers can perform their job duties.
What you think is reasonable may be viewed by your employer as an unreasonable burden or expense. If you believe your request is reasonable and necessary, but the employer has denied the request or rescinded an offer of employment, the employment lawyers of Cleveland Lehner Cassidy Attorneys at Law can help. We have a good track record of advocating for employees across Indiana in disability discrimination cases, including lawsuits for failure to make reasonable accommodations.
Is your employer resisting disability accommodations? Call 317-953-2600 for a free consultation.
What Is A Reasonable Accommodation?
Under the ADA, a reasonable accommodation is a modification of the job or work environment that allows a disabled individual to continue working. The adjustments enable a person with a disability to have an equal opportunity to secure employment and/or continue working.
Examples of workplace accommodations include:
- Physical features such as modified workstations and equipment
- Assistive technology such as screen readers or videophones
- Accessibility accommodations such as Braille materials, closed captions or sign language interpreters
- Modified work schedules to accommodate medical appointments or chronic pain or fatigue
- Restructuring or reassigning marginal job tasks that are impractical for the disability
- Allowing service animals in the office
- Reassignment to another position due to a new impairment or worsened condition
- Breaks throughout the day to sit, take restroom breaks, eat snacks or administer medication
- Accommodating restrictions from doctors such as lifting, standing or repetitive motions
Employers Must Make A Good Faith Effort
Employers can refuse accommodations that create an undue hardship, such as a costly accessibility upgrade or a substantial job change that would require hiring additional personnel. But the employer cannot simply say no and wash their hands of the issue. The ADA requires the employer to engage in an interactive process and make a good faith effort to find a solution that is workable for both parties.
If an employer flatly rejects an accommodation request or refuses to troubleshoot, compromise or negotiate an alternative, they may be violating your rights. The employment law attorneys of Cleveland Lehner Cassidy will help you navigate the accommodation request process. We have successfully sued to force employers to honor their ADA obligations, and we have recovered monetary damages for willful discrimination and ADA violations. Our firm has also sued employers for wrongfully terminating employees with disabilities to avoid the expense or inconvenience of accommodations.
Call Us Today For Help With Your Disability Rights
We know you only want to do your job and be successful. Our team can help you secure reasonable accommodations or hold the employer accountable. We offer a free initial phone consultation. Call us to discuss your situation.