Employers Must Accommodate Disabled Employees

Law Offices Of Kropach & Kropach

We live in an era of self-centered employers who see their employees like numbers on a piece of paper.  But when it comes to disability, the numbers need to match. Employers are required to make reasonable accommodations for workers with disabilities. This is a reality since 1990 when the Americans with Disabilities Act (ADA) was passed. The ADA, however, is not very clear about what type of accommodations are required. This is why it is important you hire an experienced Los Angeles social security disability benefits attorney if you are struggling with a disability and your SSI claim was denied.

What is a reasonable accommodation?

Employers can’t engage in discriminatory conduct related to the employee’s disability, including:

  • Classifying jobs in a way that discriminates against potential employees with disabilities
  • Encourage others to engage in discriminatory behavior
  • Use discriminatory criteria
  • Deny  employees benefits on the basis of disability

There should be reasonable accommodations for mental limitations as well. However, these cases are very complex since courts and employers generally determine what these standards are. It is possible that employees and employers have different opinions. In such cases, it is best to get some legal help.

Undue hardship exception

This is the legal term used under ADA to describe employers who may not be able to accommodate employees with disabilities because they don’t have the resources.  Some factors considered in these types of cases include:

  • Accommodation costs
  • The business’ resources
  • How many people work for this company
  • Company size
  • How the accommodation may impact other operations

It is difficult to prove the standards for reasonable accommodations. Employers accommodate disabilities they know about. If the condition is unknown to the employer, they are not required to accommodate disabilities related to this condition.

What type of accommodations are required?

Some courts require the employee and employer to come to an agreement about accommodating disabilities. In other words, the employer may not know what type of accommodations they need to provide, and the employees may ignore the need to take the initiative.

Alcohol and drugs

Employees with a history of drug and alcohol abuse may qualify for disability. However, they are required to work just like any other employee and respect work policies, including not drinking or doing drugs in the workplace. Some important guidelines these employees should follow include:

  • Alcoholism qualifies as a disability under the ADA, which means the employer can’t fire you for being an alcoholic.
  • Drug use may also qualify as a disability as long as the employee has not completed a rehabilitation program.
  • Prescription drugs – When an employee is taking prescription drugs to treat a disability,  he or she might qualify to receive reasonable accommodations.

Get a free case review

If you have questions and would like to learn about your rights when denied social security disability benefits, contact us today and schedule your initial case assessment with one of our talented Los Angeles social security disability benefits lawyers.

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