Are you a qualified person under the Americans with Disabilities Act (ADA)? If so, federal law requires employers to make “reasonable accommodations” for employees with disabilities to allow them to complete their work tasks. However, there are some limitations to what an employer must do to accommodate a worker’s disabilities. A Social Security disability attorney can help you understand if the ADA is applicable in your situation.
What is the American with Disabilities Act (ADA)?
The ADA is less than 30 years old. President George H.W. Bush signed the ADA in 1990 to protect persons with disabilities from being discriminated in the workplace. The ADA goes far beyond ensuring everyone has access to buildings by requiring ramps and other accessibility features. This important civil rights legislation ensures that people with disabilities have the same rights and privileges as other employees.
Individuals who have a mental or physical disability that impairs their ability to perform “major life activities” are protected by the ADA. Congress intended the provisions of the ADA to be interpreted very broadly to include as many people with varying disabilities as possible.
Is an Employer Required to Do Anything to Make It Possible for You to Work for the Employer?
An employer is required to make “reasonable accommodations” for a person with a disability provided the accommodation does not cause an “undue hardship” for the employer. Defining reasonable accommodation and undue hardship can be difficult. Employers and employees may disagree as to what satisfies the requirement to provide reasonable accommodations.
An accommodation can fall into one or more categories:
- Changes in the application process
- Changes in the work environment
- Changes in the manner the job is performed
- Changes to ensure equal benefits and privileges of employment
The law doesn’t require an employer to change a job to the point where the principal function of the job no longer exists. A potential employee, with or without a disability, must be able to perform the essential function of the job to be qualified for the job.
Likewise, an employer is not required to do anything that creates an undue hardship for the employer. Undue hardship is something that significantly alters business operations or disrupts business operations. Furthermore, accommodations that are expensive or difficult can be considered an undue hardship for an employer.
Finding a Social Security Disability Attorney
If you believe you are being denied the opportunity to work because you have a disability, a Social Security disability attorney may be able to help. You can request the accommodations during the application process, or you can request the accommodations after you have been hired. Employers can’t unreasonably delay instituting accommodations after being informed an employee request accommodations under the ADA. If you think your employer is violating the provisions of the ADA, call an attorney immediately.
Call The Ken Nunn Law Office at 1-800-CALL-KEN or 1-800-225-5536 or use the Live Chat feature on our website to request a free consultation with an experienced Social Security disability attorney. Learn about your rights from someone who understands disability law and who has your best interest as his top priority.