Federal law requires that employers make reasonable accommodations for workers with disabilities. These must be made in both the hiring process and throughout the worker’s employment.
There are three categories of reasonable accommodation:
- Modifications to the job application process that would allow people with disabilities to apply
- Modifications to the employment conditions to allow a person with disabilities to perform the job
- Modifications that allow someone with disabilities to enjoy equal privileges and benefits of employment to someone without disabilities.
Employers Are Not Obligated to Honor Every Request for Accommodation
However, this obligation is not absolute. Employers do not have to go through undue hardship to provide accommodations. For example, an employer does not have to eliminate an essential requirement of a position to accommodate a person with disabilities. They also do not have to provide personal use items to help the employees do their job. However, employers need to do things such as provide common devices or accept reasonable proposals by employees for changes that would allow them to perform their duties.
Employers must pay close attention when an employee asks for accommodation. They may not be using legal terms or specifically mention their rights under the Americans with Disabilities Act. They do not have to. Employers must be familiar with the law and their employees’ rights. Otherwise, they may face a costly discrimination lawsuit. The employer should have a dialogue with the employee and educate itself about the disability and the law. There are some complex considerations that could have legal ramifications, so an employer should get help from an experienced attorney.
Call an Atlanta Employment Discrimination Lawyer
Battleson Law LLC helps employers understand the complexities of discrimination laws and can advise your company on how best to follow federal and state rules. Contact us online or call us today at 470.398.0720 for help with your employment law needs.