How can an employee or job applicant secure a reasonable accommodation of his or her disability from the employer?
A. The law relating to disability discrimination and reasonable accommodation is complex. As a result, clients having questions about disability laws and reasonable accommodation should consult with an attorney knowledgeable about the area of law and how the law applies to their particular situation. Generally, a qualified person with a disability is entitled to a reasonable accommodation that is necessary for the person to perform the essential functions of the job they hold or the position they seek. An employer who knows that an employee has a disability that is affecting their ability to perform the job has an obligation to initiate an interactive process (for example meetings) to arrive at an accommodation. Nevertheless, even if an employer knows or should know that an employee has a disability, the employer may not know of the need for accommodation. Thus, an employee who believes they need an accommodation in the workplace should make a written request for accommodation specific
Related Questions
- Must an employer allow an employee with a disability to work a modified or part-time schedule as a reasonable accommodation?
- May an employer ask an employee for documentation when the employee requests reasonable accommodation for the job?
- Does an employer have to allow an employee with a disability to work at home as a reasonable accommodation?
