The Americans With Disabilities Act was passed in 1990 and has been one of the most important advancements made for the people who are covered under its terms. The law outlines various stipulations with the objective of making all places accommodating to individuals with special needs.
For job seekers who are disabled, ADA is particularly important in ensuring that employers provide accommodations. Workers should be aware of some of the most common ADA violations in the workplace.
Failure to make accommodations
According to the Equal Employment Opportunity Commission (EEOC), employers with 15 or more workers must make reasonable accommodations for a disabled employee, so long as these accommodations do not incur any undue hardship on the employer. The definition for an “undue hardship” varies based on the case and the resources available to the company. Any accommodation that does not require excessive cost, time or disruption, however, is typically considered to be reasonable.
Relegation to lesser job duties
Though it may not strictly be considered an ADA violation, relegation to job duties unrelated to your position may be considered a form of retribution and therefore discriminatory. Disabled employees may require certain accommodations to perform the tasks of their job, but if an employer assigns tasks that allow them to neglect these accommodations, there is likely a problem.
In severe violations, an employer may exhibit obvious retribution and take disciplinary action against employees requesting accommodations. This may range from a write-up to suspension or even termination. Such actions are discriminatory and prohibited by the ADA. Even if employers cannot make the accommodations requested, they should never penalize a disabled employee for seeking them.
A disabled employee may face a range of difficulties in the workplace. However, their employer’s failure to comply with ADA regulations should not be one of those challenges. an experienced employment attorney can answer questions about ADA violations.