The American with Disabilities Act (ADA) requires an employer to provide a reasonable accommodation if an employee becomes disabled. An employer may not discriminate against an employee because of a disability. If you have been wrongfully terminated because of a disability, you are strongly advised to work with an experienced employment law attorney to protect your rights.
According to the ADA, a reasonable accommodation is a modification or adjustment to a job, provided the employee can continue to perform the essential functions they were hired to do. There are various factors to consider to determine if a function is essential including, whether the reason the position exists is to perform the function; whether there are other employees available to perform the function or among whom the performance of the function can be distributed and; the degree of skill or expertise that required to perform the function.
If a disabled employee can perform the essential functions of a job, a reasonable accommodation may include:
- Providing a more accessible workplace such as modifying an entryway to include a ramp or making a restroom wheelchair accessible.
- Restructuring job duties to limit or cut marginal functions, while maximizing essential functions the employee can continue to perform.
- Allowing a part-time or modified schedule which might include an arrangement to perform essential duties remotely, scheduling fewer hours, providing frequent breaks or other accommodations.
- Considering reassigning a disabled employee to a vacant position if an employer cannot restructure the job to accommodate the disability.
- Certainly an employer can acquire or modify equipment; provide qualified readers or interpreters; make a change to training materials, tests or company policies. There are several approaches an employer can take to provide a reasonable accommodation for a disabled employee.
When an Accommodation Poses an Undue Hardship on the Employer
Although an employer must provide a reasonable accommodation when an employee is disabled, an accommodation must not pose an undue hardship to the employer. If a proposed accommodation is too costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business, it may qualify as undue hardship for some employers. An accommodation may not be possible because of the cost of the accommodation, the employer’s size and financial resources, and the nature and structure of its operation.
That said, even if a particular accommodation poses an undue hardship, it is incumbent on the employer to identify another accommodation that does not pose a similar hardship when possible. If it is a cost issue, an employer must avail him or herself of funding from any available outside source. An employer must also consider whether the costs of providing an accommodation can be offset by state or federal tax credits or deductions. When all avenues of funding are exhausted, an employer must offer the disabled employee the opportunity to provide the accommodation him or herself, or pay for the portion of the accommodation that constitutes the undue hardship.
Discrimination, Retaliation, Wrongful Termination Due to a Disability
Disability discrimination involves treating a person unequally because of his or her real or perceived disability. Employment discrimination on the basis of disability may arise in any aspect of employment, including hiring, firing, pay, job assignments and may include retaliation or harassment. Both federal and state laws protect persons with known qualified disabilities by requiring employers to provide reasonable accommodations, and prohibit employers from discriminating against a disabled employee or job candidate. If you have been fired from your job after becoming disabled or are subject to unequal treatment to include harassment or retaliation because of a disability, contact the employment law attorneys at Alan C. Olson & Associates for your free consultation at 262-785-9606.
