Clark & Krevsky LLC
  • Practice Areas
    • Employment Law For Employees
    • Employment Law For Employers
  • People
    • Anthony T. Bowser
    • Frank P. Clark
    • Solomon Z. Krevsky
  • Testimonials
  • Blog
  • Contact
Select Page

FAQs regarding workers with disabilities

On behalf of Krevsky Bowser | Mar 7, 2020 | Americans with Disabilities Act (ADA)

Employers have a legal duty of care for all of their workers. But providing that care for workers with physical or mental disabilities can be complicated. Under the American’s With Disabilities Act (ADA), it’s illegal for businesses to discriminate against employees with known physical or mental ailments. However, many of these workers can provide value to any organization when given the proper tools for success.

Because this matter is complicated, many need to know how to handle these situations appropriately and legally.

Are all employers required to abide by the ADA?

According to the Equal Employment Opportunity Commission (EEOC), the ADA applies to private employers, state and local governments, labor unions, and businesses that have 15 or more employees.

Are their qualifications judged differently?

A primary concern among many employers is that they may have to hire someone with a disability, even if they’re not qualified. However, that is not the case. The person with the disability must have the right skills and qualifications for a position. They must also be able to perform the essential functions of the job.

Do employers have to familiarize themselves with all types of disabilities?

No. employers typically only need to worry about accommodating known disabilities. In most cases, the employee or applicant is the one who can decide to disclose their disability and request reasonable accommodations.

Do I have to make any adjustments the worker asks for?

The ADA states that employers can set their reasonable accommodation standards. If a worker with a disability makes a request the employer finds unreasonable, they must prove the accommodation would place undue hardship on them in terms of costs or quality of work.

What are some examples of reasonable accommodations?

As workers’ conditions can vary, many accommodations are both affordable and effective. Some of those include:

  • Modified work schedules
  • Modified workplace equipment
  • Modified workspace layouts for those with physical disabilities
  • Extra training or test materials
  • Quiet workspaces or noise-canceling headphones
  • Brail materials for blind workers
  • Allowing service animals in the workplace
  • Accessible computer software

Disability rights can be confusing

ADA cases are more common than ever before. Because of this, employers must make sure they understand their rights are and how they can balance accommodations with their bottom line and duty to customers.

Recent Posts

  • Google and workplace discrimination
  • Can you be fired without notice?
  • What to know about workplace harassment
  • 30 years of employee care: Americans with Disabilities Act
  • Racial discrimination can affect any workplace

Archives

  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016

Categories

  • Americans with Disabilities Act (ADA)
  • employee rights
  • employment contracts
  • employment contracts for medical professionals
  • employment law for employers
  • Family and Medical Leave Act (FMLA)
  • Firm News
  • Harassment
  • severance agreements
  • sexual harassment
  • Small Businesses
  • workplace discrimination

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

Learn How We Can Help

Office Location:

20 Erford Road, Suite 300A
Lemoyne, PA 17043

Phone:

717-303-3764

888-593-6283

 

Map & Directions
  • Follow
Review Us

© 2021 Krevsky Bowser. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters