Defending employers against lack of reasonable accommodation
For many decades, employment laws in the nation had a tight focus on protecting the rights of workers. While addressing these rights is undeniably an important task for lawmakers, some employers feel as if their own rights have fallen by the wayside. A particularly troubling area for Cincinnati employers is making certain they provide reasonable accommodations for any disabled workers on their staff. We know that most employers try very hard to ensure that their disabled workers have everything they need to be productive team members. However, we also know that many have difficulty understanding employment law as it pertains to disabled personnel, especially the laws governing a worker’s right to reasonable accommodations. In short, providing reasonable accommodations means making the workplace accessible and functional for those working with disabilities. Examples of such accommodations
include installing ramps, acquiring assistive technology and offering flexible work schedules. When an employer fails in this area of employment law, disabled workers may pursue a legal solution under the Americans with Disabilities Act (ADA). Fortunately, it is possible to defend your business and yourself
against a lack of reasonable accommodations. For example, if modifying the workplace will result in “significant difficulty or expense” for employers, it may be possible to avoid legal issues. Further, if workers never inform employers that they require workplace modifications for a specific condition, any legal action the employees pursue over the matter will likely fail. The point we hope to make is that you can still offer job opportunities to disabled workers without compromising your own rights. It is always best to take a proactive approach to these matters by learning and understanding employment law and the ADA when hiring staff. However, you may still prevail if a disabled worker files an unfair case against you
. For more specific guidance in these matters, please continue reviewing the information on our firm’s website.