Employment discrimination, especially in the modern era, is something that should not be denied on the basis of a disability – particularly in cases for which an employer is capable of making a reasonable accommodation for an otherwise capable employee.
Indeed, it is a matter of federal and state law, in the form of the Illinois Human Rights Act and by the provisions of the EEOC (Equal Employment Opportunity Commission), that every employer should make reasonable provisions for capable employees with impaired vision and/or physical difficulties associated with climbing stairs, etc. In the event of a breach in regards to these responsibilities, then you as the employee have every right to pursue a case on the grounds of Illinois disability discrimination.
Disability Discrimination – What is Reasonable Accommodation?
The ADA (Americans With Disabilities Act) outlines the basics for what constitutes reasonable accommodation from your employer if you have a disability, or just underwent a major life activity that makes your job more difficult. The basics determination of whether you’re eligible is “are you able to perform the basic functions of your position with or without accommodation?” It speaks to your qualification, essentially, in the absence of your particular disability – and it uses data from your work history, skills, certification, education, employment history and similar.
As for what constitutes an essential function of your job; there are general guidelines outlined in by the federal and state laws governing Illinois disability discrimination.
The Illinois Human Rights Act
As an added benefit, the Illinois Human Rights Acts synergizes with the federal laws that govern disability discrimination; which means that you have a robust potential options if you feel you are being unfairly discriminated against by an employer – especially if it’s in a capacity that has nothing to do with your skills for the job. Generally, essential functions encompass:
- The extent of skill or expertise necessary to perform the function in question (as related to the job).
- The availability of other employees who can aid you with that function, or perform the function himself/herself.
- The extent to which the position, itself, exists to perform that specific function.