The Americans with Disabilities Act (ADA) is a highly important federal law that provides legal protections for individuals with physical or mental disabilities, including in the workplace setting. One such protection is the right of disabled individuals to be free from employment discrimination and harassment. Another essential ADA protection that often gets less attention is the right for individuals to receive reasonable accommodations for their disabilities at work. Nevada law also provides similar protections.
Many employment disputes can arise over the request for and denial of reasonable accommodations for qualified individuals. These cases involve technical laws and standards and it is important for anyone facing a dispute to contact a Nevada attorney with experience handling this specific type of case. Please call HKM Employment Attorneys to discuss your rights today.
Requesting Reasonable Accommodations
Many individuals with disabilities are able to successfully work. However, a typical workplace setting may not be conducive to their immediate success. Instead, they may need their workplace environment tweaked or exceptions made so that they can perform their job duties as well as anyone else. For this reason, the law gives employees with disabilities the right to request that their employer make certain accommodations for them.
Only some examples of reasonable accommodations include:
- Making the workplace accessible and usable by the employee;
- Obtaining technology to assist with disabilities, such as screen magnifiers or telecommunications devices for the deaf;
- Straying from a standard schedule to allow for medical treatments;
- Providing extra training as needed.
You have the right to request such accommodations if the following are true:
- You have a qualified disability as defined by the ADA;
- You have the skill, experience, education, and abilities to perform the essential functions of the job;
- The accommodation does not cause undue hardship for your employer.
The “undue hardship” principle is the most common basis for disputes regarding reasonable accommodations. Many employers will claim that making an accommodation is too costly, difficult, or disruptive and will wrongfully deny the request.
When an employee is wrongfully denied a reasonable accommodation, they have the right to take legal action to enforce their rights and seek any damages incurred. Many factors will be considered when determining whether an accommodation was actually reasonable, including the nature of the business, resources of the employer, and the nature of the accommodation. These cases can be complex and having qualified legal representation is critical to your success.
Contact an Experienced Las Vegas Disability Employment Attorney Today
If you are an employee with a disability, you deserve to have all the workplace accommodations to which you are entitled under the law. The skilled legal team at HKM Employment Attorneys is dedicated to protecting your rights and holding your employer accountable for any unlawful actions against you. We understand that problems with your employment can be stressful, so we seek to resolve your matter in the most efficient and favorable way possible. If you are a Nevada employee, please call our Las Vegas office at 702-625-3893 or use our online contact form to begin working on your case today.