Reasonable accommodations are changes employers make to the workplace, procedures or schedules to allow disabled workers to perform their duties. Accommodations must be reasonable according to the nature of the job and environment, and should not pose a hardship upon the employer.
What is an Undue Hardship?
Even if an employee requests a reasonable accommodation, it can be denied if it would be prohibitively expensive or difficult for the request to be granted. Courts frequently compare the cost of granting the accommodation with the actual financial resources of the employer, and the benefit gained by keeping the employee on the job. A disability attorney in Joliet can help employers remain in compliance, and they can also help workers get the accommodations they need in order to do their jobs.
When do Employers have a Responsibility to Provide Workers with Reasonable Accommodations?
In some jurisdictions, disabled employees are required to request accommodations before their employers are compelled to provide them. In other areas, the courts say that employers are automatically required to accommodate obvious disabilities. However, assuming that an employee has a qualifying condition (or is substantially limited in the duties they can perform) may be a violation of the Americans with Disabilities Act. If an employee makes several requests for accommodations, their employer doesn’t necessarily have to grant them all.
How Workers and Employers can Decide Upon Reasonable Accommodations
The courts in most areas agree that the selection of reasonable accommodations should be left to workers and employers. If the employer doesn’t make a “good faith” effort to assist in the process, they are in violation of the ADA-;unless they can prove that the request was unreasonable, that there was no way to grant the request, or that granting the request would pose an undue hardship.
Hiring a Disability Attorney After Allegations of Workplace Discrimination
If you feel that you have been discriminated against because of a disability, you should call an employment or disability attorney in Joliet right away. A disability attorney can help you find out whether your employer failed in their duty to provide you with reasonable accommodations, and they can also help you file state and federal discrimination claims. Visit Rabinslaw.com to know more.
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