Reasonable Accommodations Pursuant to The Americans with Disabilities Act
The Americans with Disabilities Act (“ADA”) of 1990 is a regulation that makes it unlawful to discriminate in employment against a qualified individual with a disability. Qualified individuals with disabilities must be given reasonable accommodations, access to transportation and telecommunications. Generally, organizations with less than fifteen employees are exempt from the ADA requirements, however, the following categories of employers must follow the Americans with Disabilities Act requirements:
- Private Employers;
- State and Local governments;
- Employment Agencies;
- Labor Organizations; and
- Labor Management Committees.
Failure to abide by The Americans with Disabilities Act leads to a potential employment law claim against the employer.
A reasonable accommodation is an adjustment or change to a job or work environment that permits a qualified individual/employee with a disability to participate in the hiring process, perform essential functions of that the job requires, or to enjoy benefits and privileges of employment equal to other employees. The following are some examples of reasonable accommodations:
- Job Restructuring;
- Modification of Equipment or Devices;
- Modification of Schedules (Part-time or Modified work schedules);
- Reassignment to other Available Position(s);
- Adjusting or Modifying Examinations, Training Materials and/or Policies;
- Providing Readers and Interpreters to Aid in Work Tasks; and/or
- Making the Workplace Readily Accessible to and Usable by Individuals with Disabilities.
An employer is required to provide the above-mentioned reasonable accommodations unless providing such accommodation would cause an undue hardship to the employer. Undue hardship requires proving that implementing such accommodation will cause the employer significant difficulty or expense. Further, the Americans with Disabilities Act makes it unlawful to discriminate in all aspects of employment, including but not limited to: recruiting, firing, hiring, training, job assignments, promotions, pay, benefits, lay off and approving leave.
It is important to know your rights and the obligations of your employer to provide reasonable accommodations in the work place. If you or someone you know has a potential employment law claim and/or questions regarding your rights, contact the attorneys of The Ticktin Law Group for a complimentary consultation.