Workers with disabling medical conditions have a few key protections under the law. Those protections include rules prohibiting discrimination. Businesses should not consider an employee’s medical status when deciding whether to hire them, fire them or promote them.
Additionally, the Americans with Disabilities Act (ADA) allows workers with disabling medical conditions to ask for reasonable accommodations. Some employees may only be able to safely perform certain job functions with assistive technology or other accommodations provided by an employer.
Under the ADA, many employers have to provide accommodations when necessary for their workers to do their jobs. When can a business justify the refusal to accommodate a worker?
When the company is too small
Many employment laws only apply when businesses reach a certain scale. The ADA applies to all businesses when it comes to public accommodations for consumers or visitors. However, the company must have at least 15 employees for the employment provisions of the ADA to apply. Organizations with fewer than 15 employees may not have to provide reasonable accommodations for their workers.
When the worker lacks documentation
Typically, workers need medical documentation to request disability accommodations. A letter from a healthcare professional can help validate the request made by the employee. Without medical documentation affirming that the accommodation requested is necessary and appropriate given the challenges that the worker has, the employer does not have an obligation to accommodate them. Typically, workers do not need to disclose their diagnosis or treatment plan, but they do need documentation regarding their accommodation requests to provide to their employers.
When requests fundamentally alter the job
The ADA specifically applies to workers who can fulfill specific roles with reasonable accommodations. Those accommodations might include some alterations to job requirements. However, if the worker essentially requests that the employer completely revise job expectations and tasks to accommodate them, then the ADA may not actually apply. They may not be capable of performing the necessary job tasks for the role they want to fill even with accommodations, hence the request to completely alter the functions associated with the job.
Reviewing the circumstances surrounding a denied accommodation request with a skilled legal team can help employees establish whether or not they may have grounds for a disability discrimination lawsuit. Workers denied the medical accommodations that they require to do their jobs safely and effectively can potentially hold their employers accountable. Taking legal action successfully can compensate workers who experience disability discrimination and can motivate companies to change their employment practices.