Under the Americans with Disabilities Act (ADA), it is illegal for employers to discriminate against an employee based on their disabilities. Also, employees are required to offer reasonable accommodation to let employees with disabilities perform their jobs unless that accommodation would cause the employer significant difficulty or expense. But, despite the presence of this act, some employees with a disability may still feel as though their right to reasonable accommodation has been violated. If you are one of these employees, it is best to consult a Morristown employment lawyer, so you can understand your rights. Your attorney will also answer your questions on what constitutes a disability and a reasonable accommodation, as well as discuss the ADA process.
Understanding Reasonable Accommodation
Reasonable accommodation refers to assistance or changes to a position or workplace to allow an employee with a disability to perform their job. What’s considered reasonable depends on the job, company size, accommodation cost, as well as the impact on customers and co-workers. Examples of this accommodation include job restructuring, having flexible leave policies, modifying work schedules, modifying exams and training materials, making a workplace more accessible, or acquiring or changing equipment or devices. The type of accommodation an employee needs depends on the nature of their disability and work.
Accommodation is different for every person, even if their disability is the same. Employers must consider and evaluate the unique needs of every employee with a disability and accommodate them accordingly.
What to Do When you Experience Disability Discrimination
If you think you are being discriminated against by your employer, follow the company’s complaint policy to report the issue if you are still employed. This will give your employer an opportunity to solve the problem. But, if you are not happy with the response of your employer to your complaint or if you are no longer employed by them, you can file a discrimination charge with the EEOC. Should you fail to resolve the claim with your employer, after the EEOC has completed processing your charge, it will send you a “right to sue” letter. You need to act fast when you get this letter since you may only have 90 days after receiving it to file a lawsuit. This means you must contact an employment lawyer as soon as possible. Your attorney can help determine whether your employer has violated the ADA or the disability discrimination law of your state.