At HKM Employment Attorneys LLP, we are dedicated to fighting for the rights of employees with disabilities. Our experienced disability and reasonable accommodations attorneys in Boise, Idaho, are dedicated to advocating for reasonable accommodations that allow qualified individuals to perform their job duties effectively. We believe everyone deserves an equal opportunity to succeed professionally, regardless of disability status.
What Are Reasonable Accommodations?
Under the Americans with Disabilities Act (ADA) and Idaho state law, employers are required to provide reasonable accommodations to employees and job applicants with disabilities. But what exactly does “reasonable accommodation” mean?
In simple terms, a reasonable accommodation is any change or adjustment to a job or work environment that enables a qualified person with a disability to perform essential job functions. They are reasonable if they do not cause undue hardship to the employer in terms of significant difficulty or expense.
Examples of reasonable accommodations may include:
- Modifying work schedules or allowing flexible hours
- Restructuring job duties or reassigning non-essential tasks
- Altering the layout of a workstation to improve accessibility
- Providing assistive technology or specialized equipment
- Allowing more frequent breaks or a private space to take medication
- Permitting the use of a service animal in the workplace
The specific accommodation needed will depend on the individual’s disability and job requirements. The key is to find an effective solution through an interactive dialogue between the employee and employer.
Disability Discrimination is Illegal
Disability discrimination in employment is prohibited by federal and state laws. This means an employer cannot make job decisions based on your disability status. They cannot fire you, refuse to hire you, deny you promotions, or pay you less than coworkers solely because you have a disability.
Employers also cannot retaliate against you for requesting an accommodation, filing a discrimination complaint, or advocating for your legal rights. If you have experienced any form of disability discrimination at work, our skilled disability and reasonable accommodations attorneys in Boise are here to help. You have the right to fight back and seek justice.
Interactive Process for Determining Accommodations
Figuring out the appropriate accommodation is a collaborative effort between you and your employer, known as the “interactive process.” This is an open discussion to identify job limitations caused by a disability and potential reasonable solutions.
To start the interactive process, inform your employer about your disability and request an accommodation. While you do not need to disclose every detail about your medical condition, you should explain how your disability impacts your work and what kind of accommodation you believe could help you perform job tasks.
Your employer may have additional questions or request documentation from a medical provider to verify your need for an accommodation. However, they cannot ask for your complete medical records or information unrelated to your work restrictions.
Once your employer has a clear understanding of your disability-related limitations, you can brainstorm possible accommodations together. The goal is to find an accommodation that is feasible, effective, and does not pose undue hardship for your employer.
If your employer refuses to engage in a good faith interactive process or flatly denies your accommodation request without adequate justification, they may be violating disability discrimination laws. Consult an experienced disability rights attorney in Boise to discuss your legal options.
When is a Disability Not Covered by the ADA?
While the ADA provides broad protections for employees with disabilities, as evident in our discrimination case from California there are certain circumstances where a disability may not be covered under the law. According to the ADA, disability is “a physical or mental impairment that substantially limits one or more major life activities.”
Some conditions that may not qualify as an ADA-protected disability include:
- Minor or temporary impairments with no long-term impact, such as a sprained ankle or the common cold
- Substance use disorders resulting from the current illegal use of drugs (although alcoholism and past drug addiction typically are covered)
- Sexual behavior disorders, kleptomania, pyromania, and compulsive gambling
- Normal personality traits like stress, irritability, or chronic lateness when not caused by an underlying mental health condition
If you are unsure whether your disability is covered under the ADA, do not hesitate to speak with a knowledgeable disability rights lawyer. Even if the ADA does not apply to your situation, other federal, state, and local laws may offer additional disability protections.
Undue Hardship Defense for Employers
An employer can legally deny an accommodation request if it would impose an undue hardship on business operations. Undue hardship refers to an action that requires significant difficulty or expense for the employer.
Some of the crucial indicators used in determining undue hardship are:
- The nature and cost of the accommodation
- The financial resources in possession of the employer
- The size and structure of the business
- The impact of the accommodation on the facility’s operations
An employer cannot claim undue hardship based on presumptions, generalizations, or hypothetical scenarios. They must assess the specific facts of each situation and explore alternative accommodations before denying a request.
At HKM Employment Attorneys LLP, we carefully evaluate an employer’s undue hardship defense to determine if it is legally valid. We fight tirelessly to secure the accommodations our clients need and deserve.
Disability Discrimination Attorneys Fighting for You
If you have been denied a reasonable accommodation or faced any other form of disability discrimination at your job in Idaho, our dedicated legal team at HKM Employment Attorneys LLP is ready to stand up for your rights. We have a proven track record of success in handling complex disability cases and obtaining favorable results for our clients.
When you work with us, we will take the time to listen to your story, answer your questions, and craft a tailored legal strategy for your case. You will have a fierce advocate in your corner every step of the way. We handle cases on a contingency basis, meaning you pay no fees unless we recover compensation for you.
Contact Our Discrimination Legal Team Today
Do not let employers get away with violating your right to equal employment opportunity. Contact HKM Employment Attorneys LLP today to schedule a confidential consultation with a top Boise disability discrimination lawyer. We are here to fight for the accommodations and respect you deserve in the workplace.
