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When Must an Employer Accommodate an Employee’s Disabilities?

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Under The Americans with Disabilities Act (ADA), Title 1, an employer with 15 or more employees is required to provide a disabled person with the same opportunities to perform their job function as they do for an employee without a disability.  This does not give preferential treatment to the disabled employee; but does provide equal opportunity.

An employer must accommodate an employee’s disability when:

  • The employee has been qualified under the ADA guidelines as having a disability
  • The employee must possess the education, skills, experience, and fulfill other criteria required of the position.
  • The employee meets the requirements of essential functions of the job even if it means they must be given reasonable accommodation in order to fulfill the requirements.

In order for an employer to fulfill the ADA guidelines of “Reasonable Accommodation,” for an employee with a disability, they may have to adjust the work area, change some of the work rules, or change the work process to give the disabled employee an opportunity to perform his or her work.

Reasonable Accommodations May Include:

  • Enlarging the work area for wheelchair accessibility, and safety
  • Allowing for service animals such as guide dogs, hearing, or support dogs or monkeys
  • Providing closer workplace parking, or providing transportation to and from work
  • Allowing an employee to work from home
  • Modifying the work schedule
  • Allowing leaves of absence that secures the position while the employee is absent for medical treatment purposes

Employee Disability Representation

Goldman & Ehrlich’s IL attorneys are well-known for their ADA expertise.  Contact an employee disability attorney at Goldman & Ehrlich today.