What are my employer’s responsibilities under the Americans with Disabilities Act? One of the primary responsibility that your employer has if you have a disability and you come to them and say, “I’m having trouble because of my disability,” well the first thing they have to do is to treat you fairly, treat you the same as everybody else. They can’t treat someone with a disability or someone they perceive as having a disability differently than any other worker.
The next thing that they have to do, is they have to engage in a process with you where you communicate over what a reasonable accommodation might be. They need to sit down in a collaborative way and discuss reasonable accommodations, what you or your doctor think would be a reasonable accommodation, suggest alternatives, and work in good faith towards setting up a win-win for everybody. And by that, I mean a win for you because you can then perform the essential functions of your job with this particular reasonable accommodation, and a win for them because they get to keep a good employee and they get to stay productive and they get to stay in compliance with the law.
Contact us to talk to a lawyer for all of your Americans with Disabilities Act questions.