Does My Employer Have to Accommodate My Disability?

Illinois Attorneys for Disabled Employees

There are many different types of disabilities that can affect people. These may include physical limitations that affect mobility, vision, hearing, or other functions. They may involve health conditions that limit the types of work a person can perform, their ability to travel to and from work, and their ability to communicate with others. However, many people with disabilities can take steps to address these concerns and ensure that they can perform work as required. For those who need to make sure they will be able to perform their duties effectively, it is important to understand what requirements an employer may need to meet to address an employee's disabilities.

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. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can advise you on what steps you can take to address disabilities and accommodations. If you have experienced employment discrimination related to your disability, such as the refusal to provide reasonable accommodations, we can help you determine your options for addressing this issue and ensuring that your employer complies with the law.

What Are Reasonable Accommodations?

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 they are permitted to use a stool.

If you are concerned about how a disability may affect your ability to perform your duties at work, you can request accommodations from your employer. In general, these accommodations must be reasonable, meaning that they will not create an undue financial burden for your employer and will not negatively affect other employees. Ultimately, accommodations should help you perform your duties effectively while protecting your health, safety, and well-being.

Addressing Discrimination Related to Disabilities

It is a violation of state and federal law for an employer to discriminate against you on the basis of your disability. Discrimination may include penalizing you for requesting accommodations or because of your disability. You are responsible for requesting the necessary accommodations. 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 accommodations 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 may not be considered to be reasonable. An employer is not required to make an accommodation that would cause undue hardship. However, denying an accommodation because it would be inconvenient or firing you because of your disability would likely be considered discrimination.

Contact Our DuPage County Workplace Discrimination Lawyers

If you would like guidance with requesting a reasonable accommodation, if your request for an accommodation has been denied by your employer, or if you have experienced other forms of employment discrimination, contact our office. Call 630-665-7300 for a confidential consultation with an experienced workplace discrimination attorney. Mirabella, Kincaid, Frederick & Mirabella, LLC serves clients in DuPage County, Kane County, and the surrounding areas.