#disability discrimination

[deathtoskinnyjeans]

so apparently, the US census is about to make 40% of disabled people disappear in its data.

they gonna change the disability-related questions, and then only count the two most negative answers as a disability. and also the new version will do even worse than the old version at counting disabled ppl who are chronically and/or mentally ill. and just in time for long covid to create more of exactly those kinds of disabled ppl [/tinfoil hat]

article about the change they're trying to make:

https://nationalpartnership.org/new-census-proposal-would-reduce-disabled-women-girls-counted-nearly-10-million/?fbclid=IwAR09pGjYoMwdik6mo-uzEOf3kD7xe2oLIEU7wlm7wWlV9ykbgq02_fljJr8

on how to leave a public comment to try to make that not happen:

[clownrecess]

(Tw for ableism that isn't explicity described)

I want to talk about some of the struggles of being an AAC user. I won't cover all of it obviously, because that would take an intense amount of time. I assume it'll all be covered by my blog at some point, spread throughout lots of posts.

Some AAC users (Including myself at times) experience frustration and difficulty with their AAC (whether high tech or low tech), perhaps because it is difficult for them, or because it takes too long. They might also face stigma and discrimination due to being nonspeaking. This can lead to feeling isolated,  frustrated, and not understood. I have experienced both quite a bit, as well as embarrassment because I worry about being viewed as an "I-Pad kid". I am currently working on being less embarrassed, and something that has been helpful for me is seeing other AAC users online (though in person would be even cooler), and adding fun stickers to my case.

Another hard thing faced by some AAC users is the need to constantly educate others about their communication needs and how to interact with them. This can be exhausting and emotionally taxing, especially when you don't have friends, family, etc. near you who understand and support you. I am lucky to have those types of people. I hope my Tumblr blog can reduce these types of scenarios, even slightly.

I also feel sad because I don't see people like me represented much on tv, and when we are (which isnt often) the entire show is usually about our disablity.

[spooniestrong]

[2outta3aintbad]

Shoutout to anyone whose disability is invisible and/or never taken seriously.

Shoutout to anyone who feels Too Disabled for general society but Not Disabled Enough to take up space in the community

Shoutout to anyone whose validity is often challenged when they enter "safe spaces" bc they don't meet society's expectations of disability

I'm sorry and hang in there. Your experiences are valid and your disability is real.

[ween-o-hall]

Hello,

My name is Alexis and on August 5th 2023, I was diagnosed with Multiple Sclerosis. I received a spinal tap on August 7th which left me unable to work for two months due to complications from said procedure. Once healed, I finally was able to go back to work, and shortly after succeeded in landing a new job. I made both my boss and my hiring manager aware of my new diagnosis during my interview, and informed them that I had multiple appointments that I would need to go to in order to properly treat both my MS and multiple other symptoms I’d acquired due to the flareup that hospitalized me, and they both agreed that it wouldn’t be an issue, that they’d be more than happy to accommodate for me to go to them. Unfortunately, that was a lie.

On November 10th, my boss pulled me into her office, and informed me that my appointments needed to stop as everyone else works full time open to close (which I also did, I just had appointments I needed to attend) and because of that, they could no longer continue. That is 100% disability discrimination, and after pondering over where to go next, I decided it was in my mental/physical health’s best interest to resign from my position. Doing what she asked of me would eventually lead to permanent loss of my motor functions and even the potential loss of my ability to speak and swallow. Now, I am back to square one, and am reluctantly asking for your help in keeping my bills afloat as I continue my search for another job that’ll be more understanding towards my disease.

It is incredibly hard for me to ask this, as I have always been the go-getter type who put their responsibilities first above everything. As of late, I unfortunately haven’t been able to do so, and with me having 4 cats along with my monthly bills, I am at a loss as to how I’m going to continue to afford this while I wait to hear back from the companies I have been applying for.

I am beyond grateful for any contributions you may send my way, and there aren’t enough words in the English language that could properly express my thanks for your help through this rough time in my life.

Thank you, from the deepest depths of my heart. ❤️

[odinsblog]

Meet Hunter. She has incurable leukemia (a subset of chronic lymphocytic leukemia), along with Ankylosing Spondylitis. "I use a wheelchair for pain, as chemo has weakened my bones and the AS is fusing my spine. I also have significant fatigue from everything," Hunter told BuzzFeed.

Hunter recently caught the attention of over 3.5 million people when she took to TikTok to share an awful experience she had ordering food from Grubhub. "When people talk about disability discrimination, this is kind of what they're referencing. Yesterday, I ordered some food from Grubhub, and when my food was delivered, I received this message from my driver. ...

My driver, in retaliation for receiving a 26% tip — which he did not like — left my food in the middle of my driveway," she explains in her TikTok.

“I am in a wheelchair, so I couldn't go get my food in the middle of my driveway. I ended up having to wait an hour until my caregiver came home so I could eat. When I approached Grubhub about the issue, they decided it wasn't that big of a problem and didn't do a whole lot. So I am hoping we can spread some awareness here as to how this is discriminatory and hopefully things like this never happen again," she concluded in her TikTok.

[mesrianilawgroup]

Employment Law Thought Exercise | 9-1-1 on Fox and the Season 3 Lawsuit Arc

There has been a lot of discussion and debate among fans of the hit tv show regarding this particular plotline. Today, we’re going to talk about Disability Discrimination laws and Reasonable Accommodations and how they are explored on the show.

*This is not meant to be any kind of legal advice or even as serious as our articles. It’s just for fun! Not only does fiction not always line up properly with reality, but also our firm does not handle government employees. This is just going off of standard federal and California employment law. Anyone with more information on city employees or specifically the real LAFD, feel free to join in!*

Buck was injured on the job

He went on leave, and when he was cleared by his doctors to go back, he had a right to be reinstated to his previous position or one equal to it.

Due to the nature of his job, his employer required him to undergo recertification. It appeared to be the same standard type of qualification test that all trainees undergo to ensure they are qualified for the job. He passed, and he was reinstated.

So far, so good

Then, before returning to work, he experienced a pulmonary embolism and was put on blood thinners indefinitely. He was deemed unable to return to his previous position and was offered the choice to go back on leave or take a temporary light duty position. At the time, he tried to quit. He is very lucky for many reasons that Bobby did not take that seriously.

Light duty is considered a reasonable accommodation. In fact, the fire marshal position would likely have paid better than a firefighter position. But Buck wanted to be a firefighter again, and so he argued that there must be some kind of reasonable accommodation to put him back in the field.

Which brings us to the phrase “Undue Hardship”

While on blood thinners, less severe injuries could be life threatening. When this is explained to him, Buck argues that if that happened, there would be multiple paramedics around him. The thing that he is not taking into account there is that those paramedics are there to attend to the civilians that they are rescuing in the first place.

We see this later in Season 6 when Buck is gravely injured, and Bobby has to call in another house to come take care of the fire they were fighting at the time. This example does also point out that yes, this is an accepted risk of the job and does happen from time to time.

The issue is the extremely increased risk of it happening when a firefighter is on blood thinner medication. And Bobby knowing how many risks Buck already takes on the job. Sure, Bobby knows that Buck knows his limits. But Buck is not taking into account that his limits are a lot lower while on those meds. (Which is something that seems to finally hit home in the following Halloween episode.)

Bobby is essentially arguing that accommodating Buck’s disability in the field would create an undue hardship to the team, splitting their resources and his own focus.

Illegal Discrimination

Buck tries to sue for Wrongful Termination, specifically Constructive Termination. He points out that several other members of his team have faced injury and hardship and were able to come back to work with no problem. This actually works against his argument a little bit, but one could argue that it was discrimination against the specific disability, as it was the medication itself that was the issue. However, it could then be argued that it was a valid concern. The motivation behind not allowing Buck back on the team yet was not that he was disabled, but that his disability created a very real and serious risk to himself in the field that could not be reasonably accommodated.

Does Buck have a case? Maybe. Is it a strong one?

His employer followed standard and reasonable protocol

His employer gave reassurances that his position would be held for him to come back when he was ready (and you know Bobby would have put that in writing if Buck had asked)

The medication Buck was on posed a real safety issue

His employer gave him a temporary light duty position that could even be seen as a promotion

Buck has a documented history of acting recklessly and disobeying orders in the field that would support Bobby’s concern

Would the city have settled so quickly and for so much in real life? Who knows.

Would any of this have gone down this way in real life? Who knows. That’s what happens when you mix fact and fiction. Procedurals often tend to start with truth and reality and then alter it to suit the story. It can be interesting to work it backwards and try to see how the story can be applied to reality. This brings up several questions such as:

Did Buck ever send a detailed discrimination complaint to Human Resources?

Did Buck ever call the chief after finding out it was Bobby’s decision not his?

Did Buck ever file a claim with the EEOC or CRD?

Did Buck ever file a grievance through his union?

Did Buck ever contact his union rep at all?

Does Buck even know that he HAS a union?

Could all of this have been avoided if Buck had just spent ten minutes researching California Employment Law?

Bonus Fun Fact!

For those who might not know, when the lawyer is first introduced, and Hen tells him “You might wanna wait until they’re in the ambulance before you start chasing it” she’s not just calling him out on doing something awful, she’s calling him out on doing something illegal. California is one of 21 states (including Texas for Lone Star fans who were wondering) that has laws against ‘ambulance chasing’ – when attorneys solicit clients at accident scenes or in hospitals. In the other 29 states, it is still considered unethical by the Bar Association.

California in particular has strict laws and regulations about when, where, and how attorneys are permitted to advertise. Which reminds me: If you are a California employee and were terminated after being injured at work, call Mesriani Law Group today for a free consultation.

[spooniestrongart]

[cryptid-ink]

Ah yes i forgot before im allowed to post on the internet™️ i must submit all my formal diagnosis paperwork and proof of all my mental and physical disabilities. It’s required to be able to post anywhere 🤩

[spookysalem13]

I had a very tough work day on Monday. Ending up crying in front of customers is never fun. Corporate came down to complain about my disability aid accommodation. They demanded it be taken away. As a disabled person, my aids are what keep me living life in the world built for able bodied people. Having to hand that back was humiliating. I felt ashamed of being a disabled person in that moment. To have to need something to make it so I can hold a job comfortably.

It was demoralizing.

In that moment I felt less than. I also felt like no one cared what not having my accommodation would do to me. The amount of physical pain it would cause me. The escalating of conditions. All which would quickly lead to me having to leave my job.

I've dealt with a great deal of discrimination for being disabled in my life. Both personal and professional. And I'm getting tired of it.

I want to hold a job. Social security disability hasn't approved me. I've applied six times. Denied every single time. Which is absolutely disgusting. Every single one of my doctors has agreed that i need to be on disability for my conditions.

The government has let me down. I need to work. I would need to work anyways because the government doesn't even provide you with enough to live. Which is why the majority of homeless people are disabled people.

I worked with the homeless community for a year. I'm very aware of this fact, and it scares me.

So working is something I need to do. It puts me in a lot more physical pain. It drains me of everything to the point I go to work and spend the rest of my time in bed. What life is that? But at least I was happy that at work I was being accommodated so that I wouldn't hurt myself, so that I could work more comfortably, and I wouldn't become so fatigued after only an hour and have to go home. I could now most of the time make it through my shift.

Corporate was informed I was a disabled employee and I needed my aid. This was my accommodation. Yet they still insisted it be taken away.

All of this stress has sent me into a flare with my conditions. I've been in a tremendous amount of pain and have now lost two days of work because of it.

If anyone knows a disability attorney that works in King County Washington state, please let me know. Because I intend on going after the corporate employee directly who has done this to me.

Thank you to my best friend Nick whose also now my manager at work. Who stood up for me after my shift ended. To the director who said my accommodation will be put back after realizing it was in fact wrong what was happening and he shouldn't have listened and taken it away.

I'm not going to keep letting employers walk all over me.

[exlibrisfangirl]

Hey, hope your doing okay! I was just wondering if you had any advice about how to deal with ableist co workers? I have Crohn’s disease, so I have a weakened immune system. I have been out of work a lot recently due to flares and RSV, so I’ve been having people covering my shift. I asked someone to in the group chat and this girl said I should just quit. I kindly said I have an invisible disability and tried to be polite. She continued with ableist comments and even asked if Crohn’s was even a disability like I didn’t know what I was talking about. Just trying to think about how to handle the situation and if I should bring it up to management. If you have any advice, I’d be glad to hear it! Thanks!

Dear Nonny,

I am... SO sorry it took me forever to respond to this. I saw it, and then... shit kinda hit the fan in my personal life, and I forgot about it. *hangs head in shame*

I am actually dealing with a slightly similar situation at work at the moment. A coworker has been bullying me for a couple months now, which includes: a) giving me the silent treatment, b) undermining my authority with our clients at every opportunity, and c) talking shit about me to our other coworkers, including saying that she thinks that I am faking my medical conditions/don't actually have any "valid" medical conditions, and that she won't believe anything I say until she sees my "medical records" (which, of course, she has no right to demand). I have just recently met with my boss and HR and filed a formal grievance. I'm still awaiting the outcome, but, in the meantime, my boss has changed my schedule so I don't have to work with that coworker.

Unfortunately, this is not my first rodeo, and I've learned a lot over the years regarding how to deal with workplace/coworker issues as a chronically ill and disabled person.

Here's my advice...

First and foremost, know your company's policies on bullying/harassment and workplace discrimination, as well as your state/federal rights. (I don't know what country you live in, but I've dealt with this in the USA and in the UK, and I know they have similar protections in place. Here's an overview of your federal rights in the USA from the ACLU website.) At my workplace, in our staff handbook, there is a section which outlines our code of conduct and explains that any employee can face disciplinary action - up to and including immediate termination - for violating any of those expectations. Bullying and harassment are specifically mentioned. There is also a section which explains our rights as employees, including disability rights and what to do if we believe we have been discriminated against and/or wrongfully terminated.

Secondly, document EVERYTHING. Document what this coworker says to you and when. If there were witnesses, document that, too. If/when you choose to bring your boss/HR into it, they may ask for specific details, dates, and whether or not there were any witnesses present. I keep a running list in the note-taking app on my phone, so that I can easily access it during meetings, as well as copy and paste easily into emails.

Last, but not least: in my experience, the earlier you involve management the better, and be persistent. If you let the behavior go unchecked for a long time before you say anything, your boss *might* interpret that as "it must not be thaaat bad, so I can put it on the back burner". Make it very clear from the beginning that you a) want to be there/want that job, b) know your rights, and c) expect action to be taken and follow-up to take place. Employers generally do not want to risk being sued (or risk losing employees... or at the very least risk getting a bad reputation, which might deter potential future employees), so this will usually get them to take your concerns seriously and address them promptly. If that is not the case, and your workplace has an HR representative/department, telling your boss you'd like to meet with HR will likely do the trick; your supervisor/boss doesn't want to get in trouble with HR. The same goes for your union rep, if you are part of a labor union. Don’t hesitate to seek support from higher up the ladder (e.g. your boss's boss, etc.) if your boss doesn't seem to be taking you seriously or isn't taking prompt action to address your coworker's behavior.

Let me make this very clear: You don’t owe your coworker SQUAT. She is not your boss. She has no right to your personal medical information, and you do not owe her an explanation. If you really want to, you could perhaps send her a link to an educational website where she can read more about your condition on her own time, but please don't waste any further time and energy trying to educate her. If she truly wants to learn, she will. If she just wants to be an asshole (which is what I suspect is the case), she won't even bother reading the info you provide. Either way, your coworkers do not have the right to demand details or proof of your disabilities/illnesses, and you should not have to disclose personal medical information to your coworkers in order to be treated with respect and dignity in your workplace.

Read it... and then read it again. And again. And again.

You should not have to disclose personal medical information to your coworkers in order to be treated with respect and dignity in your workplace.

Feel free to plagiarize me and borrow/quote/adapt as much of this as you like for use with your coworkers and management. (Is it still plagiarism if I give you permission? 🤔)

I hope this has helped, even just a little, and I truly hope your situation improves soon! Stay strong, Nonny. Spoonie solidarity! 🥄💜

[phoenixbsblog]

I hear someone saying they are struggling with their cafe so I volunteer.

They said: “Oh, sorry we can’t, with your learning disability you’re a liability and we can’t handle that with our insurance.”

You think I asked to have MLD? That I love how it fucks with my brain? None disabled people screw up to, sometimes more so! Like what difference does it make if someone breaks something do they go easier on you if you don’t have a disability? I cook for my family almost everyday, I can manage a simple cup of tea or coffee! I can even heat up a toasty without burning it! Wow! 😯

[puraiuddo]

Hey disabled folks! Here’s your reminder to advocate for yourselves no matter how difficult!

Because...

18 months after being fired from a job where I was treated horribly and my requests for disability accommodations were ignored, leading to a severe deterioration of my condition (horrific pain, multiple emergency room visits, countless doctor’s appointments, and 4 months of twice-a-week physical therapy)...

11 months after filing a disability discrimination complaint with the state government...

And 10 full months of continuous back-and-forth legalese where I was forced to drudge up evidence of how I was mistreated, listen to the company’s various attempts to character-assassinate me, and spend quite a few nights wondering if it was all worth it...

I finally got the ruling of PROBABLE CAUSE, which moves my case to a settlement or a public hearing.

And now the wretched, ableist scumbag who trampled all over my rights and health for over a month has been caught red-handed and is now officially responsible for her company forking out thousands of dollars to me and/or dragging its name through the mud in a public forum.

Let me tell you: VICTORY IS SWEET and worth every minute of the battle to get there.

[breads-voice]

The fact I was denied reasonable adjustments to enable me to take a course for professional development, and was laughed at by the educator for asking, shows how far the NHS still has to go in allowing neurodiverse staff the same opportunities as neurotypical staff.

[mesrianilawgroup]

Examples of Reasonable Accommodations in the Workplace

People who have disabilities may sometimes need accommodations. In the context of the workplace, reasonable accommodations are adaptations and changes to environment or procedures that assist disabled workers in performing their job. There are also accommodations that prospective employees may need throughout the hiring process as well. Needs and abilities vary from person to person and therefore so do the accommodations granted to each individual. Many different types of accommodations are relatively easy to provide and most come at no real cost to the employer.

Who is an Individual with a Disability?

When an individual has mental or physical limitations to their ability to perform major life activities, they are considered disabled by the Americans with Disabilities Act and are entitled to reasonable accommodations. When requesting accommodations at work, if the disability is not visibly obvious, the employer may ask for a doctor’s confirmation that the accommodation is necessary.

Types of Workplace Reasonable Accommodations

Reasonable accommodations come in three main categories:

No Tech – Accommodations that require minimum cost and effort. This can include allowing someone more time to complete tasks or letting them eat at their desk.

Low Tech – Accommodations that require a small amount of cost and effort. This can include providing lumbar support for chairs or wrist supports for mice and keyboards.

High Tech – Accommodations that require extra cost and effort. This can include installing automatic door and providing screen readers.

Common Examples of Reasonable Accommodations in the Workplace

There are many ways in which an employer can provide reasonable accommodations for their employees such as:

Alterations – Changing the way a job is performed, the time frame it is performed in, or the people responsible for individual aspects of the job itself.

Equipment – Altering equipment such as chair modifications or changing the display and audio settings on a computer and/or providing devices such as desk heaters or magnifiers.

Help – Allowing personal aids or caretakers to provide assistance.

Materials – Making alterations to the format of provided information.

Parking – Providing accessible parking for employees.

Reassignment – Moving an employee to an equal position that is better suited to their needs.

Scheduling – Allowing for flexibility within an employee’s schedule to allow for extra breaks or time off for doctor’s appointments.

Technology – Providing things such as screen readers, modified headsets, and assistive software.

Job Restructuring

An example of reasonable accommodation may be changing the way a job is performed. This can be done by reassigning workloads amongst different employees, changing the employee’s location, or even removing or replacing certain duties.

Rearranging the way tasks and duties are divided amongst coworkers is one way to reasonably accommodate employees with disabilities. If there are two receptionists and one of them is dyslexic, that employee might handle the majority of helping guests and transferring calls while the other handles the majority of the paperwork and typing.

Some disabilities may prevent people from being able to perform their job in the given work environment, perhaps due to mobility or sensory issues. If the job can be done from home or at a more accessible location, it may be reasonable to allow the employee to do so.

There are also some aspects of the way a job is performed that may be easily eliminated or changed completely. A deaf employee may be allowed to handle correspondences via text and email rather than making phone calls. An employee with mobility issues may be permitted to mail things out rather than making deliveries.

Modified Work Schedules and Flexible Leave Policies

Some disabilities may cause an employee to require a modified schedule. If accommodating that schedule does not cause the employer undue hardship, then it would be considered a reasonable accommodation. This may involve extra breaks, regular days off, or even a part time schedule.

A person with an ongoing illness may require regular days off to receive treatment.

A person with chronic pain may only be able to work every other day or require three day weekends in order to recuperate.

A person with diabetes may require extra breaks to eat and manage their insulin.

There are also some disabilities that may require employees to take a leave of absence for more than a day or two. The employer is not necessarily required to provide paid leave in these situations, but they are expected to allow for disability leave when applicable.

A person with a condition that involves flair ups may need extra time off.

Some treatments may have extended recovery time.

The workplace may be temporarily inhospitable due to a person’s disability.

A person with a prosthetic may need time off for repair or replacement.

A flexible work schedule accommodation may also involve an employee being permitted to work remotely a day or two a week or working weekends instead of weekdays.

Modification or Purchase of Equipment or Devices

There are many accessibility aids that can help someone with disabilities in the workplace. Employers are required to provide reasonable equipment when necessary. However, employers are only responsible for things specifically needed for the job. Accessibility aids required for daily functions such as glasses or hearing aids are the employee’s responsibility.

Employees who are visually impaired may require:

Screen reading software

Braille or raised print copies of documents

Magnifying devices

Additional lighting

Employees who are hard of hearing may require:

Teletypewriters

Text telephones

Transcript software

Employees with mobility issues may require:

Telephone headsets

Modified equipment controls

Modified desks for wheelchairs

Stabilizing devices

Employees with dyslexia or ADHD may require:

Guided reading software

Employees with chronic pain may require:

Modified seating

Training

Employers are required to provide employees with disabilities the same opportunities for advancement as their coworkers. This means ensuring that any training is accessible to everyone. Ways that employers may provide training accommodations include:

Making sure that training sites are accessible

Providing training materials in alternative formats

Including sign language interpreters in presentations

Adding captioning to video/audio guides

Modification of Policies

There are some companies that have policies that may prevent a disabled person from being able to do their job efficiently or safely. These policies would have to be amended or the employee given exemption. Examples of this may include:

A worksite that does not allow animals permitting an employee to bring their service dog

A company with a ‘no eating on the clock’ or ‘no food at your desk’ rule allowing an exception for a diabetic employee

An employee with sensory issues or ADHD being allowed to wear headphones

Modified emergency evacuation plans for employees with mobility issues

A company that only provides on site parking for management providing a space for a lower-level employee with mobility issues

Modification of Physical Site or Building

Sometimes, the way the worksite itself is designed poses a hindrance to disabled employees that their coworkers do not face.

Structural changes are sometimes necessary, such as:

Building ramps

Adding accessible bathrooms

Installing elevators/escalators

Non-structural changes may also provide solutions, such as:

Setting up water coolers

Syncing an alert light to the doorbell

Moving meetings and training to another area

Provision of Readers, Communication Access Providers, or Personal Assistants

Some employees may need accommodations by way of third party assistance. This assistance may be needed occasionally or frequently depending on situation at hand. If providing this assistance does not cause undue hardship to the employer, it is considered a reasonable accommodation.

Readers may be employed to assist employees with vision impairments as well as those with dyslexia or learning disabilities. The reader should be able to comprehend the materials being read so that they can clearly and accurately provide the information.

Sign language interpreters can be especially useful for employees who are hard of hearing and/or mute to easily and clearly convey and receive information with their boss, coworkers, and clients.

Captioners and transcribers may be needed for employees who are hard of hearing or have auditory processing disorder when dealing with video presentations.

Drivers may be provided for vision impaired employees who are required to travel as part of their job.

Personal assistants can help in a myriad of ways such as:

Carrying things for employees whose disability involves a weightlifting restriction.

Retrieving or filing things on high shelves for an employee in a wheelchair.

Performing fine motor functions for those with conditions such as Parkinson’s.

Reassignment to a Vacant Position and Light Duty

Sometimes, an employee may develop a disability during their employment that makes it difficult or impossible to perform the job they were already doing. Sometimes, accommodations can be made. If there are no viable reasonable accommodations that can be provided, the employer may need to reassign them to another position with job duties they would be able to perform.

The reassignment should not be a demotion and should pay the same or a comparable salary. The reassignment should also not conflict with another employee being entitled to the position due to a collective bargaining agreement or any seniority system in place.

Some employers have provisions in place to assign employees to light duty when needed. This is not a requirement under the ADA, but a prudent option for industries that involve heavy labor and/or high risk of injury such as construction, fire departments, and law enforcement. Light duty positions are considered a reasonable accommodation if:

The employee is unable to perform their current job due to disability

The employee is qualified and capable of performing the light duty work

Reassigning the employee to the light duty job would not cause undue hardship

Other Accommodations

Other accommodations and considerations may be needed for employees with disabilities depending on the specific situation.

Some jobs compensate their employees for gas milage when traveling is part of their duties. If an employee can not drive due to their disability, the employer may compensate them for public transportation costs instead.

Employees who have learning disabilities may be provided extra personal training to ensure that they are able to fully grasp the skills needed for their job.

Employees with ADHD may be permitted to use their own organizational system rather than company standard or given more flexibility in how they complete tasks.

Employees may be permitted to join meetings via phone or video chat if their disability prevents them from attending in person.

Workplace Reasonable Accommodation Considerations

The following are all considerations that employers must account for when providing reasonable accommodations.

Cost – Most accommodations require relatively low cost to the employer, and some can be provided at no cost at all. Reasonable accommodations are often far less expensive than anticipated.

Essential Job Functions – While employers are expected to provide reasonable accommodations, they are not required to alter their standards for quality and production.

Providing Accommodation – Employers are not usually expected to provide accommodations unless an employee with a disability requests it.

Selection – If there are multiple accommodations that may provide the same assistance to an employee, the employer is permitted to chose which one they will provide.

Undue Hardship – If providing an accommodation would impose an undue hardship on the employer, such as exorbitant cost or difficulty, then they are not required to provide it.

What Are Essential Functions?

The tasks and duties that make up the foundation of a job are referred to as essential functions. The ability to perform those functions to a satisfactory level is what makes someone qualified to hold the position. An essential function is defined by:

Being the reason the position exists

The skill and expertise necessary

How many employees are able to complete the same tasks

Reasonable Accommodation Process

The ADA and the EEOC maintain that accommodation requests be taken into consideration case by case. First, the employee must inform their employer that they have a disability. Employers are not responsible for accommodating disabilities that they are not aware of. The reasonable accommodation process depends on open communication and cooperation between the employer and the employee.

Requesting Reasonable Accommodations in the Workplace

Every employer has their own procedure for requesting accommodations, usually through a manager or human resources department. The request must state the presence of the disability as well as how the disability prevents the employee from properly doing their job. It is best to make the request in writing and retain a copy for your own records. While it is not necessarily required to use the phrase ‘reasonable accommodation’ or cite the ADA, it is good to be clear and direct.

Obtain Preliminary Documentation

Employers are not entitled to an employee’s entire medical history. However, if an employee is requesting accommodation for a disability that is not obviously evident, the employer may request specific documentation from a healthcare provider confirming the disability and the need for accommodation. It is best to only prove the information absolutely relevant to the accommodation request and not allow the employer unlimited access to medical records.

Employers Responsibility When Responding to Reasonable Accommodation Requests

When an employee submits a request for a reasonable accommodation, they then begin what is known as an interactive process with their employer. This is an open communication between the employee and the person handling the request so that they can come to an agreement as to the best accommodation necessary for the situation. The employee may have specific ideas in mind and the employer may have follow up questions. The employer can request a confirmation from a health care professional that the accommodation is necessary if the disability is not obviously evident. The employer may also wish to review ADA guidelines to be sure of the extent of their responsibility. If the accommodation the employee is requesting is deemed too costly, the employer may want to do research to see if an equal but less expensive alternative is available.

Using JAN as a Tool

In 1983, the Department of Labor’s Office of Disability Employment Policy founded a free service known as the Job Accommodation Network to provide employers with information and guidance regarding job accommodations. Before the ADA was created, this tool established the standard for employer guidance when it came to working with those with disabilities. JAN provides a helpful summary of common problems and possible solutions known as The Employers’ Practical Guide to Reasonable Accommodation under the Americans with Disabilities Act. The guide is frequently updated as new situations are brought to their attention.

Does An Employer Need to Provide the Accommodation Requested?

When an employee informs their employer that their disability is affecting their ability to do their job effectively, the employee may already have an accommodation solution in mind. The employer may choose to provide that particular accommodation, or they might find another equally effective accommodation that may be cheaper or easier to provide.

Furthermore, employers are not required to eliminate any essential functions of the employee’s position. If the employee is unable to perform that function due to their disability, the employer may find them reasonable accommodations or transfer them to another position of comparable pay.

Similarly, employers are not required to provide accommodations that would create an undue hardship on the employer. This is generally in reference to expense and difficulty, taking into consideration the cost in relation to the employer’s finances as well as the impact of providing the accommodation. The definition of what falls under this classification varies between situations as an accommodation that could be easily provided by a large company might impose an undue hardship on a small business.

Employers are also not required to provide employees with personal services and devices needed for everyday functions. Things like glasses and hearing aids may be covered by employer provided health insurance, but they are not considered workplace accommodations.

Implementing Reasonable Accommodations

While there are no exact required guidelines regarding the procedure for implementing an accommodation, it is best practice to move things along quickly and maintain respectful communication. Employers are encouraged to keep perspective on what the employee needs in order to perform their job and not on the disability itself. The employee is often the best person to ask when trying to come up with appropriate accommodations as they know best where the difficulty is and may already have ideas. It can also be beneficial to take the abilities and strengths of individual employees into consideration when assigning job duties.

Monitoring Accommodation Effectiveness

It is important that the employer and the employee work together when implementing an accommodation. The employee best understands their disability and what they need to perform their job. The employer best understands the business and what impacts certain accommodations might have. Ultimately, the employer has final say in how they will accommodate their employees, but the accommodation must sufficiently resolve the issue. It is advised that all parties keep a clearly documented record of the process.

What Happens if Workplace Reasonable Accommodations are Denied?

Sometimes, when an employer denies an accommodation, the matter can be easily resolved. They may require medical confirmation or a more thorough explanation of how the employee’s work is impacted. It might be the specific accommodation requested is not possible, but an agreement can be reached for a comparable solution.

If a manager or supervisor denies an accommodation request, the employee may be able to take the matter to human resources. If the company has no HR department, higher ups such as a district manager or business owner may be the next step.

If the employee is a member of a union, grievances can be filed through their union rep. There may be other procedures for filing internal complaints as well.

If all else fails, it may be necessary to file an external complaint. Employees can contact the Equal Employment Opportunity Commission to file a claim for disability discrimination. It may also be necessary to speak with an employment lawyer.

Contact Mesriani Law Group if Reasonable Accommodations are Denied?

People with disabilities have the right to reasonable accommodations in the workplace. Employers are required to provide those accommodations unless they would cause undue hardship. Unfortunately, not all employers comply with ADA regulations and try to deny their employees accommodations. When this happens, legal action may be necessary. Our employment attorneys have the experience and dedication to help our clients through this stressful and difficult process. If your employer has denied your right to reasonable accommodations, call Mesriani Law Group today.

Workplace Reasonable Accommodation FAQs

What are examples of accommodation in workplace?

Some reasonable accommodation examples are: An office worker who has a vision impairment may ask for an extra lamp for their desk, a magnifying glass to help read paperwork, and screen reading software for their computer. An employee battling cancer may require a flexible schedule to allow for treatments and rest days. They may also need extra breaks or extended leave. A cashier with chronic pain may request to be permitted to sit while they work.

How do you explain reasonable accommodation?

The Americans with Disabilities Act defines a reasonable accommodation as any change made to the job itself, the workplace environment, or the procedures of the hiring process that allow a person with a disability a fair chance to get and perform a job as well as someone who does not have a disability. A reasonable accommodation should not cause undue hardship for the employer.

What is reasonable accommodation in HR?

A company’s human resources department is generally responsible for processing and fulfilling requests for reasonable accommodations. They may ask follow-up questions, request medical confirmation, and ensure that effective accommodations will be possible and affordable for the company.

How do I write a reasonable accommodation request?

An accommodation request should explain that you have a disability and because of that disability, you are unable to perform the essential functions of your job and are requesting an accommodation. You do not have to go into detail regarding personal medical information but be clear about where the issue is and how it can be resolved.