For those who are living with a disability, it can present many challenges. However, one challenge it should not conjure up is discrimination in the workplace. Under the law, employers are required to provide reasonable accommodations for those with a disability to perform the essential functions of his or her job. If an employer does not provide such accommodations, an employee may have a case for employment discrimination under the Americans with Disabilities Act.
Reasonable accommodations can be quite minimal in many cases. It may include modifications on how a task is performed, use special technology or equipment, or allowing the individual time off from work. Some examples of reasonable accommodations dependent upon the specific situation may include:
- Allowing an employee to work from home
- Allowing an employee to work a modified schedule
- Allowing an employee to take unpaid medical leave
- Allowing an employee to change how the performance of certain tasks is completed
- Providing special equipment
- Removing non-essential job responsibilities
- Changing workplace policies
What is Considered Reasonable?
It is important to note that while reasonable accommodations are necessary, an employer is not obligated to make those that are not reasonable. This can often be a case-by-case basis. One factor that is taken into consideration when evaluating the reasonableness of an accommodation is affordability. Larger and more profitable companies will be expected to provide costlier accommodations to their employees than those with little profit.
Another factor regarding the reasonableness of an accommodation is the overall cost of the employee to the company. While it may be unreasonable for a company to provide a $20,000 accommodation for someone making minimum wage, it may prove reasonable for someone making a quarter of a million dollars.
Another factor can be the necessary duration of the accommodation. Depending upon the accommodations, one may be reasonable for the length of the worker’s employment, while another may only be reasonable for a short period of time.
Disability and Other Discrimination
An employer must work with their employee to determine his or her limitations and provide a reasonable accommodation that can allow he or she to fulfill his or her essential job function. Should an employer fail to provide a reasonable accommodation, this is considered disability discrimination.
Common forms of disability include pregnancy, childbirth, and related medical conditions. Employers in New Jersey must provide reasonable accommodations for their employees and their pregnancy-related disabilities. Another common need for reasonable accommodations stems from religious beliefs. Employees are entitled to these reasonable accommodations when essential job functions interfere with their religious ideologies.
Cherry Hill Employment Discrimination Lawyers at Sidney L. Gold & Associates, P.C. Help Those Experiencing Discrimination in the Workplace
If you or a loved one has experienced discrimination in the workplace, it is important that you obtain the justice you deserve. At Sidney L. Gold & Associates, P.C., our Cherry Hill employment discrimination lawyers work with individuals to do just that. For a free consultation call 215-569-1999 today or contact us online. Located in Pennsauken, New Jersey, we proudly serve clients from the surrounding areas.