Employees with disabilities: how employers can accommodate.
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Navigating Employer Obligations Under the Americans With Disabilities Act

Navigating Employer Obligations Under the Americans With Disabilities Act

Navigating Employer Obligations Under the Americans With Disabilities Act

Updated: March 25, 2024

The Americans With Disabilities Act is one of the most important pieces of legislation ever passed by the U.S. Congress. Civil rights are an important component of the American legal system, and it is necessary to understand what employers are obligated to do under federal law to accommodate employees with disabilities.

Employees who suffer from disabilities often suffer discrimination. Unfortunately, many victims of abuse are afraid to assert their legal rights. You can contact the Manukyan Law Firm to seek financial compensation for your injuries. No one deserves to be abused, particularly those who suffer from disabilities.

A California Disability Discrimination Lawyer Can Help You With Every Aspect of Your Civil Lawsuit

Employers the California Fair Employment and Housing Act (FEHA). It is necessary for you to speak to a disability discrimination lawyer if you believe an employer violated your civil rights by failing to provide reasonable accommodations for those who suffer from disabilities. You need to be prepared to inform an attorney about the facts of your case and how your employer violated your civil rights.

The more documentary evidence you possess the easier it will be for an attorney to assess the merits of your case. All lawyers need to ascertain the facts of a potential case, any pending legal actions associated with the potential claim, and whether or not the case has merits.

Disability discrimination cases often begin with very little documentary evidence. Sometimes an attorney must obtain financial records during discovery to determine what type of discrimination occurred. However, if you have any audio recordings, video recordings, or written documents pertaining to your potential legal claims, then you should bring them to your initial consultation with a disability discrimination lawyer.

Undue Hardship and the Fair Employment and Housing Act (FEHA)

Understanding the role “undue hardship” plays when examining the Fair Employment and Housing Act (FEHA) is vital to interpreting when it is necessary for an employer to provide reasonable accommodations to those with disabilities.

Employers must provide reasonable accommodations, but not if doing so entails that the employer will suffer an undue hardship. Therefore, speaking with a disability discrimination lawyer is essential if you want to determine if your employer may be liable for the discrimination you experienced.

Interactive Process

Employers are required to participate in a good-faith interactive process with the employee. The employer must work cooperatively with the employee to assess the essential functions of the job, identify the employee’s limitations, and investigate the possible accommodations which would permit the employee to perform the essential functions of the job despite their physical or developmental disabilities.

Employers need to include disabled employees in this process. It is not enough for the employer to provide an employee with intermittent updates. If you think you were denied the right to speak to your employer about the reasonable accommodations that would help you perform your job duties, then contact the Manukyan Law Firm today to speak with a Glendale disability discrimination lawyer.

Common Examples of Disability Accommodations in the Workplace

Disability accommodations are often aligned with the specific needs of the individual employee who suffers from a disability. The following are some examples of disability accommodations in the workplace:

  • Installing handrails and other safety devices in the workplace
  • Providing an employee with time off to obtain medical treatment
  • Making adjustments to an employee’s work space to enhance mobility
  • Offering the employee a wide range of job opportunities
  • Adjusting the employee’s schedule to accommodate medical care

You should not be denied your legal rights. The disability discrimination lawyers at the Manukyan Law Firm can provide you with exceptional legal representation.

Understanding Reasonable Accommodations

The term “accommodations” in relation to the American Disabilities Act is defined, analyzed, and interpreted in many different ways. Although a vague expression, “accommodations” simply refers to any change in an employee’s job function, work atmosphere, and hiring protocol that would allow the employee to perform their job and enjoy the benefits and privileges of their employment.

These adjustments permit the employee to enjoy all the privileges which are available to other employees who do not suffer from a disability. All employees need to have the right to enjoy the benefits of their labor. Therefore, those who suffer from a disability often need reasonable accommodations to perform their job duties.

Diversity, Inclusion, and Education in the Workplace

Employers are now understanding the positive effects of making diversity, inclusion, and education an integral aspect of their day-to-day activities. Any business, whether it is a sole proprietorship or a multinational corporation, will depend on a diverse range of individuals to achieve its economic goals. Therefore, those employees who live with a disability make the workplaces in which they labor more equal. Globalization and the development of artificial intelligence will continue to influence how firms incorporate reasonable accommodations in the workplace.

The Rights of Employers and Employees

Reasonable accommodations and undue hardship are applied to this area of the law to protect both the rights of employers and employees. It would be unjust to require employers to provide unreasonable accommodations which may be so expensive that the business is forced to file bankruptcy.

On the other hand, it would be impossible to deny those with disabilities access to reasonable accommodations in the workplace. Therefore, balancing tests are used by judges in various jurisdictions to weigh the rights of employers and the rights of employees in every disability discrimination claim involving an employer and an employee.

Contact the Manukyan Law Firm Today to Schedule a Free Consultation

Suffering from disability discrimination can make you feel depressed, anxious, and unworthy. However, you do not have to accept abusive and destructive behavior from an employer or any other authority figure. Contact the Manukyan Law Firm today if you think you may have a disability discrimination claim. Whether you suffered verbal harassment, lost wages, or termination, we can help you enforce your legal rights. Call us today and we can discuss the facts of your case.

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