Examples of ADA accommodation
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What Is the ADA?
The Americans with Disabilities Act makes discrimination against disabled persons illegal. Discrimination is illegal in the contexts of employment, public services, telecommunications and public accommodations. The ADA requires employers to provide their employees with reasonable accommodations in the workplace if it is necessary for the employees to do their jobs.
A reasonable accommodation would be any assistance or changes to the workplace that is needed to help the employee do his or her job despite having a disability. Under the ADA, employers are required to provide reasonable accommodations to qualified employees with disabilities, unless providing the accommodation would cause an undue hardship to the employer
What Are Some Examples of an Accommodation?
The ADA lists a number of accommodations that could be deemed "reasonable." These accommodations include, but are not limited to:
- Making existing facilities used by employees readily accessible to and usable by individuals with disabilities
- Job restructuring,
- Modifying work schedules
- Reassignment to a vacant position
- Acquisition or modification of equipment or devices
- Training materials or policies
- Provision of qualified readers or interpreters
When Does My Employer Have a Duty to Provide Accommodation?
Employers are only required to make workplace accommodation for an employee with a "known" disability. If you would like an accommodation, just request one. As soon as you request an accommodation, and perhaps suggest an appropriate one, you employer must respond. The courts look at the essential job functions and whether the employee can or cannot perform the job with or without accommodation and also whether the accommodation is reasonable.
What If My Employer Refuses to Make an Accommodation?
If your employer refuses to make a reasonable accommodation after a timely request, the first step that you need to take is to make sure that the employer understood your needs for accommodation. Explain that you have a legal right to reasonable accommodation to do your job and without the accommodation, you are unable to perform your duties. If the employer ignores your request, go talk to an employment lawyer who can help you assess your legal rights.
What is an Undue Hardship?
The ADA does not require employers to provide reasonable accommodation if the accommodation would cause the employer to suffer undue hardship or significant expense. To prove that the employer would suffer undue hardship if they were to provide the accommodation, the employer must provide that the accommodation would be very expensive, disruptive, and financial impactful to the business operations. Some factors of undue hardship that the courts look at are:
- Cost of providing the accommodation
- The operations that are impacted by accommodation
- The type of business or company
- The number of employees at the business or facility
- Financial resources of the business or facility
Do I Need a Lawyer?
If you have been fired for having a disability or for requesting an accommodation, or if your employer has not made an accommodation for you in a reasonable length of time, you may be a victim of employment discrimination. You should speak with an employment lawyer with experience in disability law to discuss your rights and options.
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Last Modified: 06-16-2017 01:15 AM PDT
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