AMERICAN WITH DISABILITIES ACT: REASONABLE ACCOMMODATIONS ONLY NEED TO BE OFFERED UPON REQUEST

Image

An important court decision recently confirmed that an employer has no duty to offer reasonable accommodations to an employee with a disability until the employee specifically requests an accommodation. That’s true even when the employer is aware of the employee’s disability.

To establish an American with Disabilities Act (ADA) claim, an employee must show that he or she:
1. Has a disability as defined by the ADA,
2. Is qualified, with or without a reasonable accommodation, to perform the functions of his job, and
3. Suffered discrimination because of his disability.

The court found that before an employee can be deemed “not qualified” for his job, the employer must take an effort to accommodate his disability. However, the employee has a duty to request a reasonable accommodation. An employer is not required to offer an accommodation, even though he knows the employee is disabled under the ADA. The court stated that “it is not the employer’s responsibility to anticipate the employee’s needs and affirmatively offer accommodation.”

In making a request for an accommodation, the employee need not utter any magic words, nor must he say that he is request a reasonable accommodation. Furthermore, the request need not be in writing. However, the employee must make clear that he wants assistance for his disability. Also, the employee must be clear that he needs an accommodation for his disability.

PRACTICAL ADVISE: If you think you may need reasonable accommodation for your disability at your workplace, let your employer know as soon as possible.

Read More: http://goo.gl/8iIsz2

Categories:

Awards &
Associations

  • martindale
    martindale
  • Client Distinction
    Client Distinction

Why Choose Payab & Associates

  • Over 20 years of legal experience
  • Recipient of “People Love US” on Yelp for 3 years
  • Over 400 five-star reviews on Yelp, Google & Avvo
  • Rated A+ with the Better Business Bureau
  • Tens of Millions of dollars recovered for our clients
  • No fees or costs unless we recover money for you
  • We speak Spanish

Client Testimonials

  • The Law Office of Payab & Associates Thank you from the bottom of my heart.
  • The Law Office of Payab & Associates Going with David for help was the best thing I could have done.
  • The Law Office of Payab & Associates I highly recommend Payab and Associates.
  • The Law Office of Payab & Associates There are no words to express my appreciation.
  • The Law Office of Payab & Associates I felt well represented with Mr. Payab as my attorney.
  • The Law Office of Payab & Associates It was really a pleasure having him as my attorney and I greatly recommend him.
Prev Next

Do You Have A Case?

Call (818) 918-5522 or fill out the form below. Se habla español.

    • Please enter your name.
    • This isn't a valid phone number.
      Please enter your phone number.
    • This isn't a valid email address.
      Please enter your email address.
    • Please make a selection.
    • Please make a selection.
    • Please enter a message.