ADA: Failure To Accommodate
The Americans with Disabilities Act (ADA) is a federal law that provides protection to disabled workers. The ADA prohibits employers from discriminating against employees on the basis of a physical or mental disability.
The ADA requires that employers provide reasonable accommodations to disabled workers to enable them to perform their work duties. While there is no definitive list of what constitutes a reasonable accommodation, the Equal Employment Opportunity Commission (EEOC) has defined certain types of accommodations that may be required, including:
- Unpaid leave: Workers with a physical or mental disability may need additional leave time to seek proper medical treatment, fix a wheelchair, receive specialized training, recover from an illness or deal with other challenges resulting from a disability.
- Job restructuring: Employers may be required in certain circumstances to restructure job assignments or responsibilities when an employee with a disability is unable to perform job duties of marginal importance. Job restructuring may also include alteration of how or when a task is performed.
The key word to consider is “reasonable.” An employer is not required to hire or retain an employee who is unable to perform essential job functions. Nor is an employer required to make accommodations that would significantly impair the employer’s ability to function as a profitable business. However, employers are expected to make reasonable accommodations when possible that will enable disabled employees to succeed in the workplace.
Have Your Rights Been Violated?
If you think you may have been a victim of disability discrimination, including a failure by your employer to provide a reasonable work accommodation, contact Mezibov Butler in Cincinnati, Ohio.
Attorney Marc Mezibov has more than 35 years of legal experience. He is highly regarded for his ability to take on complex cases and his determination to fight for each of his clients. View our case results and see for yourself why so many people have relied on our firm to protect their rights.
We are pleased to meet with you, answer your questions and help you determine if you may have a basis for legal recourse against your employer. To schedule a consultation with one of our Cincinnati ADA noncompliance attorneys, call 513-621-8800 or contact us by email.