Employer And Employee Duties On Reasonable Accommodations For Disability
You may hear a lot about what Florida employers are required to do under the Americans with Disabilities Act (ADA), including treating workers with disabilities the same as other employees and providing reasonable accommodations that enable them to do their jobs. Many people are also familiar with their employee rights under ADA, which provide you with remedies if your employer does not comply with its legal responsibilities. Besides preventing disability discrimination and harassment, the company must address reasonable accommodations according to specific rules.
Two topics that you might not be aware about are the reverse of these: Employer RIGHTS and Employee DUTIES. Much of the ADA is phrased in terms of your rights and remedies, but workers do have certain responsibilities with respect to reasonable accommodations. Your obligations are not difficult or strenuous, but they can affect your claim if you do not comply with the requirements. It is crucial to consult with a Palm Beach Gardens disability discrimination attorney about your obligations with respect to requesting an accommodation.
Your Duties for Reasonable Accommodations: Under ADA, an employer is required to make it possible to do your job unless doing so would cause an undue burden on the company. However, it is up to the employee to communicate the request for a reasonable accommodation, since the employer cannot provide one without being aware of the circumstances. At times, it may be obvious that an accommodation is necessary, such as when the employee is in a wheelchair.
When not obvious, you can still make the request without referring to ADA or giving details on a medical condition. It is best to communicate in writing, and simply state what adjustment or change to the work environment would be sufficient to enable you to perform job tasks. The important point is to make sure you draw the link between your request for reasonable accommodations and your medical condition.
Rights of Employers Under ADA: When an employee makes the request for reasonable accommodations at work, the employer is not required to automatically provide it. Asking for a change kicks off an interactive process in which the employer and employee work toward a solution. One of the key rights of an employer is being able to deny the request under certain circumstances, such as:
- When the company cannot determine whether the employee’s condition qualifies as a disability under ADA, which means it is a physical or mental impairment that carries significant limitations on life activities; OR,
- Where the request for an accommodation is not reasonable because it would lead to extreme costs, a major disruption in the work environment, or other undue burden for the employer.
Set Up a Consultation with a Palm Beach County Disability Discrimination Lawyer
If you would like to know more about your rights or responsibilities under ADA’s reasonable accommodations rules, please contact Sconzo Law Office. You can call 561-279-6114 or check us out online to schedule a no-cost case review with a Palm Beach County employment law attorney who will provide details.