The Americans with Disabilities Act—usually shortened to ADA—provides several important protections for workers and job seekers. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. With that goal in mind, employers are required to provide disabled employees with reasonable accommodation(s) that allow them to perform the essential functions of their job. Exercising and enforcing your rights under the ADA is a process rather than a simple demand.
As experienced ADA attorneys based in Columbus, Ohio, lawyers with Agee Clymer stand ready to advise and represent workers whose rights are violated. Keep reading to learn when we may be able to assist you.
Employers cannot refuse to interview or hire job candidates just because of physical or intellectual disabilities. Neither may employers deny training, benefits, and promotions to individuals just because they have a disability. Equally important, managers and supervisors cannot allow employees who have disabilities to suffer insults, harassment, or abuse aimed at the disabled status.
Under the law, employers generally cannot ask disability-related questions or require medical examinations until after an applicant has been given a conditional job offer. Pre-offer, employers may simply ask if the applicant will need an accommodation to perform a specific job duty, and if the answer is yes, then the employer may ask what the accommodation might be.
Once a job offer is made, the employer may ask disability-related questions or require a medical examination as long as all individuals selected for the same job are asked the same questions or made to take an examination.
The Americans with Disability Act requires employers to consider making reasonable accommodations for job candidates and employees. The law places nearly all the responsibility for requesting accommodation on the disabled individual, but it also makes clear that an employer must consider all accommodation requests in good faith.
Some examples of accommodations that can be considered reasonable include:
Upon receiving an accommodation request, an employer can either grant it automatically or engage in what is known as the interactive process. The interactive process is a discussion regarding why the accommodation is necessary and what can be done without spending too much money or substantially changing the nature of the job.
An employer that engages in the interactive process is legally allowed to decide that a requested accommodation is not reasonable. Questions about whether the employer acted in good faith and was justified in determining that an accommodation is not reasonable give rise to many ADA employment lawsuits.
Whether an employer grants an accommodation or not, managers and coworkers often feel resentful over costs and supposed “special treatment.” This can then be expressed as mistreatment of the employee who asked for the accommodation. Types of retaliation include, but are not limited to,
Partnering with a Columbus ADA lawyer will make it easier to document acts of retaliation and hold the responsible parties accountable.
You can schedule a free and confidential consultation with an ADA attorney by reaching out to Agee Clymer online or by calling our offices at (614) 221-3318 or (800) 678-3318. We take case all across Ohio, and we can answer your questions even if you decide not to move forward with a lawsuit.