Does My Employer Have to Accommodate My Disability?
Illinois Attorneys for Disabled Employees
If you are disabled but you are still able to perform the essential functions of your job, your employer is required by law to make reasonable accommodations for your disability. It is generally up to you, however, to request an accommodation. Your employer is then responsible for helping to determine what type of accommodation may be necessary.
There are thousands of disabled individuals in Illinois—and many more throughout the country—who are fully capable of performing a wide variety of jobs. Sometimes, the nature of a disability means that an accommodation must be made to allow the disabled person to better carry out his or her duties. For example, a person whose disability prevents him or her from standing for a significant period of time may still be able to fulfill the duties of a cashier if the person is permitted to use a stool.
DuPage County Workplace Discrimination Lawyers
It is a violation of state and federal law for an employer to discriminate against you on the basis of your disability status, but you are responsible for requesting the necessary accommodation. Once you have made your request, it is up to your employer to work with you in what is known as the “interactive process.” During this process, your employer will inquire about your disability, gather medical documentation, and determine the accommodation that will best allow you to do your job.
If the employer can show that the accommodation would cause the company undue hardship, based on the size of the business, the costs involved, and other factors, the accommodation is no longer considered to be reasonable. An employer is not required to make an accommodation that would cause undue hardship.
Contact Us for Help
If you would like guidance with requesting a reasonable accommodation or your request has been denied by your employer, contact our office. Call 630-665-7300 for a confidential consultation with an experienced workplace discrimination attorney. MKFM Law serves clients in DuPage County, Kane County, and the surrounding areas.