Disabled employees facing discrimination. If you or a loved one has experienced workplace discrimination due to a disability, it is indefensible. When one employee with emphysema, asthma, and chronic obstructive pulmonary disease (COPD) requested accommodations in order to complete necessary tasks on the job, the company responded by discharging that employee. That act of dismissal has resulted in a lawsuit against that San Francisco company, InsideUp. If you have experienced workplace discrimination due to a disability, a local employment attorney may be able to help.

Disabled Employees and Federal ADA Regulations

The Americans with Disabilities Act (ADA) protects the civil rights of people with disabilities.  The law addresses all aspects of public life, ranging from school and employment to transportation and dining out. Essentially, the law ensures that people with disabilities have the same opportunities and rights as people without disabilities. Title I of the ADA deals specifically with employment.

Employment Opportunities

This piece of the ADA calls for employers to provide opportunities and benefits to people with disabilities that are equivalent to the opportunities and benefits of their non-disabled counterparts. Additionally, reasonable accommodations and/or modifications must be provided to employees when essential to help the employee perform necessary functions of the job.

Disabled Employees and Reasonable Accommodations

Specific accommodations should be designed around individual circumstances in the workplace.  Examples of sensible accommodations include:

• Adapting facilities to make them accessible for all employees;
• Restructuring job requirements so as to provide opportunities for employees who might otherwise be limited by a disability;
• Procuring specialized equipment or modifying existing equipment as needed;
• Adapting tests, policies, or materials used in training employees;
• Providing part-time positions or modified work-schedules when possible;
• Reassigning employees to vacant positions when qualified.
• Providing interpreters, readers, or similar assistance.

When and How to Request Accommodations for Disabled Employees

If you require workplace accommodations due to a medical disability, you simply need ask your employer. The request does not have to be in writing, although having documentation of your request can not hurt. It is not necessary to disclose your disability and ask for modifications during the hiring process. You may make your request at any time.

Documentation of Your Disability

Employers do have the right to request documentation for a disability that is not obvious. Be advised, however, that your employer is not entitled to your entire set of medical records. Just the documentation necessary to establish the need for reasonable accommodations must be provided.  Employers should be specific in their requests for information related to functional limitations and the types of accommodations that may be necessary. Employers may sometimes ask an employee with disabilities to provide a limited release of their medical information. Appropriate professionals who might provide information may include doctors and nurses, mental health professionals, occupational therapists, and other authorities on your medical condition. [Read more…]