Workers and applicants with disabling medical conditions have protections under the law. Businesses should not make a worker’s medical challenges a main consideration during any employment decisions. The Americans with Disabilities Act (ADA) specifically protects the rights of workers to request reasonable accommodations.
These accommodations are basic ways in which employers can make job opportunities accessible to those with disabling medical challenges. The ADA specifically protects the right to seek three types of accommodations in particular.
Accommodations when applying
For some workers, obtaining a job can be a challenge because the application process is not particularly accessible. Perhaps the company requires testing that they are likely to fail because of their medical challenges. The ADA specifically acknowledges that companies may need to adjust the application process so that qualified individuals with disabling medical conditions have equal opportunities.
Changes to a job environment or work tasks
There are countless ways in which employers can make a job more accessible for an applicant or current employee with a disabling medical condition. Some workers may be able to perform their job responsibilities from home, making remote work a common accommodation. Other times, workers may be able to perform certain tasks with the use of assistive technology. Providing workers with screen readers and other tools to allow them to work despite their medical challenges is a reasonable request.
Changing the physical environment in which a worker must perform their job could allow them to more fairly compete with their peers. For example, perhaps a worker needs to move their desk to a location that is closer to the entrance or the bathroom due to their medical challenges. Making adjustments to job functions and the work environment can help workers perform their jobs safely.
Ensuring equal benefits and privileges
Companies often offer a variety of perks and special facilities for their employees. It is reasonable for a worker to ask that they have access to those same amenities. Maybe they wish to use company transportation, but the shuttle system is not wheelchair friendly. Perhaps the in-house gym is not accessible.
Companies should ensure that any perks or amenities they offer to employees are accessible to all, regardless of their physical condition. If they are not already accessible, the company may need to adjust its offerings to make them equally accessible to all workers.
When organizations refuse to provide these basic accommodations for workers, the employees affected by that refusal may have grounds to pursue a disability discrimination lawsuit. Filing a disability lawsuit can help workers develop their own careers successfully and pave the way for others in the future.