"Employers have the legal responsibility to accommodate the condition of their disabled workers for as long as it would not cause unnecessary problems in the business operations.
Some employers, however, face lawsuits because of their failure to reasonably accommodate an employees disability which in turn, creates a bad image for the company and other negativities in its operation.
To avoid this, an employer must know and understand that he must provide reasonable accommodations to workers like providing easier access to his workplace.
Just Accommodation
Employers with at least 15 workers as well as labor organizations, joint labor-management committee, and employment agencies are required to make justified adjustments to accommodate the needs of a disabled worker.
Reasonable adjustments may vary in each case. A disabled worker must request for the said changes and must make sure that it would not interrupt the business operation. In some cases, workers can ask for flexible schedule, a parking spot that is closer to the entrance, or a workstation that is more accessible.
If an employer denies his requests, he must be provided with reasons as to why his requests cannot be accommodated by the company.
Disability Discrimination
There are different laws which prohibit an employee from not accepting an applicant or giving him lesser benefits because of a mental or physical condition. Employers who are found guilty of disability discrimination will have to pay back wages, lost income, as well as other expenses of the worker connected with the offense.
According to a court ruling in 2002, a person who has recovered damages from the Fair Employment and Housing Act (FEHA) may still be eligible to file separate and apart claims for disability discrimination under the Equal Employment Opportunities Commission or the EEOC.
Assistance of Lawyers
Discrimination cases are more complicated as the complainant is burdened with the responsibility to prove his claims against the defendant. To lessen the hassle that a disabled worker is already experiencing, they must acquire the services of employment lawyers whose expertise include discrimination cases.
Disability discrimination should never be tolerated and victims must file their complaints as soon as possible as there is a statute of limitations which dictates the validity of their claims.
Under the EEOC, a person may file a discrimination complaint within 180 days after the offense has been committed. To know more, it would be best to locate an employment lawyer in your area who can represent you and handle negotiations efficiently in case his client would choose to settle than have the case in courts."
To help you pursue
disability discrimination claims, consult with our experienced
disability discrimination attorneys. Visit our website and dial our toll free number.
