When a person has medical issues or physical limitations that affect their ability to perform their job duties, their employer may make various accommodations to enable them to work despite those. An employer that fails to offer reasonable accommodation to a disabled worker may be held liable for disability discrimination.
What Is Reasonable Accommodation?
The Americans with Disabilities Act makes it unlawful for employers to discriminate against a qualified worker with a disability. An employer may not discriminate against a worker with a disability by refusing to offer a reasonable accommodation that would allow the worker to perform the essential functions of their job despite the limitations imposed by their disability.
Federal law does not require an employer to agree to every accommodation proposed by a worker with a disability. Instead, employers may decline proposed accommodations that would create an undue hardship for the employer. An undue hardship may occur when implementing an accommodation would pose significant difficulties for an employer or impose substantial expenses.
Common Examples of Reasonable Accommodation
Workplace accommodations can fall into various categories, such as:
- Modifications to the Work Environment – Disability accommodations may involve modifying an employee’s work environment, such as by providing ergonomic work stations or specialized equipment, installing disability accommodations in the workplace (e.g., wheelchair ramps, automatic doors, accessible restrooms), mitigation methods for light or sound, or allowing employees to work remotely.
- Changes in Work Schedule – An employer can accommodate a worker’s disability by making changes to their work schedule, such as reducing the number of hours assigned to a worker or allowing earlier or later shift start times.
- Changes to Work Duties – Workers who have physical limitations due to disabilities may receive accommodations in the form of modifications to their work duties, such as reassigning non-essential tasks to other workers or agreeing to limits on physical tasks the worker must perform (e.g., limiting weight for lifting or carrying or limiting time spent sitting or standing).
- Medical Accommodations – Employers can offer other accommodations for a worker’s health condition, such as allowing liberal bathroom breaks, providing more frequent rest periods, or offering a space for employees to store refrigerated medication (i.e., insulin).
- Communication Support – An employer can provide accommodation to hearing or visually impaired employees, such as offering sign language interpreters or closed captioning, or providing written work materials in more accessible formats (e.g., Braille, large print, text-to-speech).
- Adjustments to Workplace Policies – Employers can provide exceptions to workplace policies to accommodate workers with particular needs, such as permitting a worker to bring a service animal (e.g., guide dog or seizure alert dog) into work.
Employers’ Considerations and the Interactive Process
Federal law requires employers who receive accommodation requests from workers with disabilities to participate in what’s called the interactive process. During this process, an employer and worker can negotiate to identify accommodations that allow the worker to perform the essential functions of their job and enjoy the benefits of employment without imposing an undue hardship on the employer. Employers who refuse proposed accommodations during the interactive process should document the reasons why the accommodation would pose an undue hardship for the company.
Contact an Employment Law Attorney Today
Employers have a duty under state and federal law to offer reasonable accommodation to workers with disabilities that helps them do their jobs despite their limitations. Contact Fagan McManus, P.C., today for a confidential consultation with an employment law attorney to learn more about your legal rights under disability discrimination laws. We’ll review the kinds of accommodations you might ask your employer for to help you perform your duties in the workplace.
