Disability Accommodation
Under federal and state law, employers must accommodate an employee's disability to allow them to perform the essential functions of the job, so long as the accommodation is reasonable. Both the employee and employer are required to engage in an interactive process about the nature of the disability, how it affects the employee's ability to perform the role, and what sort of accommodations would permit the employee to perform the essential functions of the role.
Both physical and mental health impairments are covered under the law. Depending on the nature of the disability, a reasonable accommodation might include adjustments to the workspace, more frequent breaks, or a work from home arrangement. While many disabilities can be accommodated, they sometimes pose administrative and financial challenges. As a result, some employers resist fulfilling their legal obligations. Typically, a small or moderate financial burden is not a legal justification for refusing a disability, particularly with respect to larger employers.
The law surrounding disability accommodation is highly nuanced. If you have a disability that your employer has failed to accommodate, or if you've been treated adversely because you have a disability, contact Brandon for a free consultation. He will listen to your story, and if you become a client, he will advise you on the right steps to take for obtaining an accommodation. If your employer refuses to grant you a reasonable accommodation, or otherwise treats you adversely because of your accommodation request, he will advocate on your behalf, which may include securing an accommodation or a monetary settlement.