We have all seen disability accommodations in public life. Every parking lot in front of a commercial property, except the smallest ones, has at least one parking space reserved for people with disabilities. You have probably seen Braille numbers on elevator buttons and seen sign language interpreters at public events. Perhaps you have even seen people with disabilities visit places of business or ride public transportation in the company of their service dogs.
Disability accommodations are wider-ranging than this, and outsiders may not notice them. The Americans with Disabilities Act of 1990 (ADA) and its subsequent amendments outline many situations where places of business must make reasonable accommodations for people with disabilities. This includes employers making reasonable accommodations for employees and job applicants who need them. Of course, the definition of a reasonable accommodation is context-specific, and there is room for disagreement about which accommodations a certain employer can provide. The Huntsville disability lawyers at HKM Employment Attorneys LLP can help you navigate the process of requesting disability accommodations in the workplace.
Disability is a Protected Characteristic
A protected characteristic is a personal characteristic based on which employers may not discriminate against current and prospective employees. Some protected characteristics are physical characteristics, such as skin color, age, and sex, while others are characteristics of the employee’s personal history, such as national origin, religion, and marital status.
The ADA added disability to the list of protected characteristics in 1990, and subsequent legislation at the federal and state levels added details to the definition of disability. In the context of employment law, a disability can be temporary or permanent, and it can be visible or invisible. The following is a list of just a few of the many medical conditions that qualify for disability accommodations in the workplace:
- Mobility impairments that require the employee to use a wheelchair
- Blindness or low vision
- Deafness
- Chronic pain that prevents the employee from standing or sitting for long periods of time
- Clinical anxiety or post-traumatic stress disorder (PTSD)
Employment discrimination is any adverse action that an employer takes against an employee based on a protected characteristic instead of on the employee’s job performance. These are some examples of adverse actions:
- Refusal to hire
- Hostile work environment, characterized by harassment, bullying, unwelcome personal attention, or undue scrutiny of the employee’s work
- Unfairly negative performance reviews
- Changing the employee’s work location, schedule, or job duties when the employee did not request the change
- Denial of promotions or raises for which the employee is eligible
- Demotion or reduction of pay
- Termination of employment
For every adverse action, there are some circumstances where it is warranted. When employees do not have an employment contract and are working on an at will basis, the employer has the right to terminate the employment relationship at any time and for almost any reason. It is against the law to terminate the employment relationship for discriminatory reasons, including but not limited to based on disability, even if the employer hired the employee on an at-will basis.
Disclosing a Disability to Your Employer
Employers are not required to make accommodations, and in fact cannot make accommodations, unless and until an employee requests accommodations, which requires a disclosure that the disability exists. Likewise, job applicants have the right to accommodations during the screening, interview, and training process, but only if they request them.
When you request accommodations from your employer, you must bring a letter from your doctor indicating that you have a disability and describing the accommodations that you require. The letter does not include a diagnosis or any other confidential information about your health. Your employer does not have the right to ask you any other questions about your health except as the job screening process requires; for example, if the job requires driving, your employer may ask you to pass a vision test.
Negotiating for Reasonable Accommodations
Just as the list of disabilities is virtually endless, so is the list of accommodations employees with disabilities might need so that they can perform their job duties. An accommodation is reasonable if you can do the job with the accommodation but not without it and if it does not cause excessive financial hardship for the employer. The accommodation might involve modifications to the workspace or schedule, or it might require the employer to provide special equipment.
These are some accommodations that an employee might request:
- A wheelchair-accessible desk
- More frequent breaks from work to test blood sugar and eat or take medication as necessary
- An audiobook version of the employee handbook
- A work phone with speech-to-text or text-to-speech capability or other accessibility features
- Sitting sometimes or all the time during a job where most employees stand
- Bringing a service animal to work
- Working from home, if this would be less expensive for the employer than creating an accessible workspace
- Wearing noise-canceling headphones while working at a desk
Some accommodations cost the employer almost nothing, while others require the employer to buy accessible equipment or renovate the workspace to make it more accessible for the employee. Which accommodations the employer can afford depends on the employer’s financial resources. A small business with four employees cannot afford to make the same accommodations that a large corporation can.
The response to an employee’s request for accommodations is not always a simple yes or no. The employer and the employee can and should negotiate until they agree on an accommodation that is feasible for both parties.
Employment Discrimination Complaints Related to Disability
If you experience discrimination at work because of your disability or your request for accommodations, you must communicate with the Equal Employment Opportunity Commission (EEOC) and get authorization before you can file a lawsuit against your employer. A disability discrimination lawyer can represent you in your dealings with the EEOC.
HKM Employment Attorneys for Disability Discrimination
The disability lawyers at HKM Employment Attorneys, LL,P can help you if you need disability accommodations at your job. Contact our lawyers in Huntsville, Alabama, to set up a consultation.
