The law requires most employers to provide reasonable accommodations for individuals with disabilities. What is a disability? The law recognizes an employee with a physical or mental impairment that substantially limits a major life activity, has a record of such an impairment or is regarded as such as an employee with a disability. An employee’s disability status may trigger an employer’s legal obligation to reasonably accommodate their disability. A reasonable accommodation is any change to the application or hiring process, to the job, to the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities. The duty to accommodate can be expansive and could possibly require an employer to override their own employment policy. However, the requested accommodation is not considered “reasonable” if it creates an undue hardship or a direct threat. The accommodation must assist the employee in performing essential job functions; job duties that are fundamental to the position. What accommodations are considered reasonable?

• Change job tasks or schedules.
• Provide reserved parking.
• Improve accessibility in a work area.
• Change the presentation of tests and training materials.
• Provide or adjust a product, equipment, or software.
• Allow a flexible work schedule.
• Provide an aid or a service to increase access.
• Reassignment to a vacant position.

Each request for a reasonable accommodation must be considered on a case-by-case basis. The first step is for you to disclose your disability, as employers are only required to accommodate disabilities of which they are aware. This should start a dialogue to help you and your employer understand that your needs have changed in light of your disability and what options the employer has to accommodate them.

Do you have a disability? Are you having difficulty persuading your employer that you need an effective accommodation to perform the essential functions of your position? Feel free to contract us for assistance in asserting your rights in what can be a very complex area of the law.