When you have a medical condition that limits one or more major life activities, you have various legal protections in the workplace. In particular, your employer may have an obligation to provide you with an accommodation for your disability to enable you to perform the essential functions of your job. A disability discrimination lawyer can explain your rights to a workplace accommodation from your employer for your disability.
What Laws Protect Employees with Disabilities?
State and federal law protect employees with disabilities or perceived disabilities. At the federal level, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act protect individuals with disabilities in the workplace. In Michigan, the Persons with Disabilities Civil Rights Act also protects individuals with disabilities. These laws protect disabled workers (and those perceived as having disabilities) from adverse employment actions. Furthermore, state and federal laws require employers to provide reasonable accommodations to disabled workers that enable them to perform their essential job functions.
The ADA applies to private employers, state and local governments, temporary employment agencies, and labor unions with 15 or more employees. The Michigan Persons with Disabilities Civil Rights Act applies to all employers in Michigan, with few exceptions.
What Qualifies as a Disability?
Under employment discrimination laws, a “disability” includes any physical or mental impairment that substantially limits one or more major life activities. Common examples of disabilities that can affect workers include:
- Arthritis
- Amputation
- Chronic fatigue syndrome
- Fibromyalgia
- Mental health conditions, such as anxiety, depression, PTSD, or bipolar disorder
- Chronic gastrointestinal illnesses
- Cancers
Not all health conditions will qualify as a disability. Instead, a worker will need medical documentation and other evidence to establish that their condition substantially limits one or major life activities. Furthermore, a worker who wants an accommodation for a disability must show that their disability prevents them from performing one or more of the essential functions of their job.
Understanding Reasonable Accommodations
A reasonable accommodation can include any change to an employee’s working conditions that enables them to perform the essential functions of their job despite the limitations caused by their disability. Common examples of work accommodations include:
- Limitations on physical activities, such as restrictions on standing, sitting, walking, climbing stairs or ladders, lifting, pushing, kneeling, or crouching
- Modified work schedules, such as shifting to a part-time schedule or allowing a worker to come in early or depart late
- Accessible workspaces, including a workspace that can accommodate a wheelchair or other mobility equipment
- Assistive technology, such as ergonomic work tools or equipment
The law only requires employers to provide “reasonable” accommodations, which means that an employer can refuse a proposed accommodation if it creates undue hardship for the employer, such as incurring an unreasonable financial burden or significantly disrupting the employer’s operations.
When Can an Employer Deny an Accommodation?
The law requires employers to engage in the “interactive process,” in which the employer and employee negotiate to identify a reasonable accommodation that enables the employee to perform the essential functions of their job. However, an employer can refuse to grant an accommodation that imposes an unreasonable financial or operational burden. Furthermore, an employer may refuse an accommodation that would eliminate essential job functions or lower the employee’s productivity standards compared to those of other workers in the same role.
An employer might refuse an accommodation that the employee believes is reasonable. In that case, the employee can file a charge of discrimination with the Michigan Department of Civil Rights or the U.S. Equal Employment Opportunity Commission.
Contact a Disability Discrimination Attorney Today
When you have a disability, state and federal law may give you the right to request an accommodation from your employer that can help you perform your job tasks. Contact Fagan McManus, P.C., today for a confidential consultation with a Michigan employment law attorney to discuss your options for obtaining a disability accommodation from your employer.
