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The Employer's Duty to Accommodate
Courts determine the reasonableness of the accommodation on a case-by-case basis. What might be reasonable in one context may not be in another. For example, if a person in an office job needed help from another employee to lift items weighing over 25 pounds, such help may be totally reasonable. An airport baggage handler who could not lift over 25 pounds, however, could not reasonably rely on the same help. In the latter instance, the assistant would be performing a substantial portion of the individual's job. In making a "reasonableness" determination, courts do look at the essential functions of the job in questions. If the employee cannot perform the job's essential functions with or without reasonable accommodation, the employee is not qualified for the job. An employer does not discriminate by denying a job to a person who is not qualified to perform it.
Inquiries and Exams
The ADA protects disabled individuals during the hiring process, by prohibiting employers from inquiring about disabilities or subjecting prospective employees to medical tests before hiring them. However, employers may ask about a candidate's abilities concerning essential job functions. After making a job offer, the employer may require a medical examination, so long as the examination is given to all newly hired employees.
Legal Help with an ADA Claim
The Americans with Disabilities Act (ADA) is an important law, helping millions of disabled persons join the nation's workforce. Yet the ADA is also a fairly recent law, one that employers, attorneys, and courts are still working to fully understand and properly apply. Individuals with disabilities have a right under the ADA to the same opportunities and benefits as the non-disabled. A number of questions can arise in any ADA case, and many can be difficult to answer. For example, which accommodations are reasonable, and which would create an undue hardship? If you believe that your rights may have been violated under the ADA in the employment context -- as a job applicant or as a current or former employee -- contact an employment law attorney to discuss your options and protect your legal rights.
FAQs
- What should I do if I think I have been discriminated against in violation of the law?
- How do I know if an action is discriminatory in violation of the law?
- Besides hiring, what other aspects of the employment relationship are regulated by antidiscrimination laws?
- If an employer provides health insurance for its employees, must it offer coverage to employees with disabilities?
- Is an employer liable for hostile environment harassment?
Employees' Rights Resources
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