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When Must an Employer Accommodate an Employee’s Disabilities?

Posted on: November 25th, 2013 by

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:

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:

Employee Disability Representation

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

What Makes a Workplace a Great Place to Work?

A recent workplace study found the following company attributes necessary to make a successful and enjoyable work environment:

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Does Your Employer Have the Right to Spy on You?

Illinois does have laws in place allowing employers to monitor employee’s work-day activities; however, prior consent must be obtained.  In other words, an employer cannot legally record a conversation, and then ask for permission from all of the parties, but must ask for consent to record the conversation before it takes place.  The consent must be expressed consent and not implied consent.

There is an exception to this law of requiring ALL parties to consent to the recording. The Business Use Exception where the Federal Electronic Communications Privacy Act (ECPA) allows conversations to be recorded “within the ordinary course of an employer’s business and where the employer has a legal interest in the subject matter of the conversation.”

Allowed Areas of Recording of Employee Conversations

The Business Use Exception specifically allows for businesses in the following areas to record employee conversations for the purpose of quality control or employee training:

If the recorded conversation is deemed irrelevant to the above purposes, the recording must be destroyed within a reasonable timeframe.

If an employer is found guilty of violating the law by illegally recording employee’s conversations, unrelated to the employer’s business, the employer can receive up to five years in prison.

There are other methods that employers use to determine if their employees are misusing the time they are supposed to be working. These are normally left unchallenged, and often include monitoring websites visited by the employees, office emails, and requiring employees to clock in and out at the start and end of work.

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If you have concerns regarding the legal right of your employer to spy on you, contact an employment attorney at Goldman & Ehrlich for a consultation today.