If you are an employed person who has a disability, then it’s likely that you have faced some form of discrimination in the past. Both federal and state laws dictate that employers must make reasonable accommodations so that workers with disabilities can perform their duties. But what exactly are “reasonable accommodations”? In what circumstances can employers claim that what you are asking for is unreasonable? These are questions that you’ll need to know. If you believe that your employer hasn’t been following the law, you may have a case for a Los Angeles disability discrimination lawyer. Here’s what you need to know.
What Counts as Reasonable Accommodation?
According to the ADA, employers must:
- Not deny individuals with disabilities jobs based on their disability.
- Not limit or segregate jobs based on ability in a way that could be discriminatory.
- Not use management styles, work criteria, or work standards that would be discriminatory.
Additionally, the ADA says that employers must make “reasonable accommodations” for any physical or mental limitations that an individual with a disability has. However, there are no specific examples of what counts as reasonable. Instead, the law allows this to be open to a judge’s interpretation. If an employee with a disability asks for an accommodation that would make it easier for them to perform their duties, and the employer denies it, a judge may need to make the final ruling on what is considered reasonable.
What is Undue Hardship?
Even if accommodation is considered reasonable, some employers may be able to avoid fulfilling the request by proving that it would cause undue hardship to the business. This may mean something like “the business cannot afford to install an elevator in a building with stairs”, for example. If the business can prove that an accommodation would put too much strain on the business, a judge can determine that the request for accommodation can be denied without legal ramifications.
The bottom line is that the ADA is governed mostly on a case-by-case basis, determined by judges when the employer and employee cannot agree. For this reason, it is vital to have an experienced Los Angeles disability discrimination lawyer on your side. At The Law Offices of Jual F. Reyes, we want to help you protect your rights as a worker with a disability. Contact us at our toll-free number at (877) 242-4410 to learn more.