The Americans with Disabilities Act (ADA) prohibits discrimination based on disability. So, what does this mean for the workplace? It means that employers are legally unable to discriminate against workers living with disabilities. Additionally, employers must take measures to ensure qualified employees with disabilities can perform their duties at the workplace. Reasonable accommodations are changes that an employer may be required to provide to ensure disabled employees perform their duties effectively.
When Does ADA Apply In The Workplace?
Title I of The Americans with Disabilities Act applies to employers or organizations with 15 or more employees. ADA protects individuals with a mental or physical impairment that affects their ability to perform major life activities.
Individuals with transitory or minor impairments are also entitled to ADA protection, since you must be qualified to perform the basic duties of the job with or without reasonable accommodation. It means that the employee should have the relevant education, experience, licenses, or skills required for the job.
ADA requires employers to provide reasonable accommodation to employees living with disability at all stages of employment. In addition, ADA covers other aspects such as promotions, pay, health benefits, layoffs, leave, training, employment practices, and work assignments.
What Constitutes A Reasonable Accommodation?
A reasonable accommodation is an adjustment or a modification that allows a qualified employee or job applicant to participate in the job application process or perform important work duties. Reasonable accommodation may depend on specific circumstances. For example, the accommodations may involve work duties, employment practices, and environment changes.
The employer may need to:
- Modify or acquire devices and equipment
- Provide readers or interpreters
- Restructure the job
- Modifying training materials, policies, or examinations
- Reassign a vacant position
- Make the work environment physically usable and accessible
Unless the employer proves that these accommodations will create an undue hardship, you are entitled to have them. If they believe that the accommodations will create an undue hardship, they should provide an opportunity for the employee to provide the accommodations on their own. They can also offer to cater for a portion of the expenses.
It is essential to note that the employee is responsible for notifying the employer that a reasonable accommodation is necessary, since the requirement to provide a reasonable accommodation only applies when the employer knows about the worker’s need for a reasonable accommodation.
How To Enforce Reasonable Accommodation Rights
If your employer has violated your rights to reasonable accommodations, you can file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC works with the U.S Department of Justice to impose and enforce the ADA employment laws.
Workers with disabilities can pursue remedies for ADA violations on their own. However, seeking legal support from a New York ADA lawyer is advisable to ensure you have a favorable outcome.
Contact Our New York ADA Lawyers Today
Disabled workers in New York have been mistreated historically. The New York ADA lawyers at Mizrahi Kroub have a proven track record of defending the rights of disabled individuals for years. We’re ready to ensure disabled employees in large and small organizations are treated fairly. Contact us today to schedule a consultation with a New York ADA lawyer.
