Employers are obligated to provide Reasonable Accommodation
From September 2 to September 22, 2011, the EEOC has filed 19 disability discrimination lawsuits involving both employees and applicants. A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. The majority of these lawsuits include the denial of a reasonable accommodation.
The EEOC website defines reasonable accommodation as any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. Reasonable accommodation may include specialized equipment, facility modifications, and adjustments to work schedules or job duties, as well as a whole range of other creative solutions.
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.
An abbreviated listing of disability discrimination lawsuits filed by the EEOC during September 2011:
- Refusing a Leave of Absence request and then terminating an employee with a knee injury
- Terminating an employee because of a perception of substantial limitation due to a disclosed medical condition
- Terminating an employee suffering from traumatic brain injury because of disability and/or need for reasonable accommodation
- Terminating an employee with diabetes instead of making a reasonable accommodation
- Failing to provide reasonable accommodation to an applicant for drug testing and denying an applicant employment due to their disability
- Demoting and forcing an employee to quit because of cerebral palsy
- Refusing reasonable accommodation to an employee with cerebral palsy; refusing to hire an applicant taking prescribed medication for epilepsy due to drug test results
- Demoting, harassing, retaliating against and firing a deaf employee
- Refusing to promote an employee regarded as disabled
- Laying off and refusing to rehire a disabled employee who requested a reasonable accommodation
- Refusing an applicant reasonable accommodation during assessment and denying employment
For further information on reasonable accommodations or other affirmative action related needs, call 1-800-330-9000 or click here to schedule a convenient time for your call.
