What was a reasonable accommodation under the ADA?
When his employer denied his request that the entire workplace be declared smoke-free, the employee sued under the ADA. The court found that a reasonable accommodation would be the addition of fans, air purifiers, and smoke-free sections of the workplace and, therefore, denied the employee’s claim. In Eisfelder v.
Can a employer deny a request for reasonable accommodation?
Under some circumstances, employers are legally allowed to deny a request for reasonable accommodation. Specifically, your employer may turn down your request if it qualifies as an “undue hardship.”
Who is in need of a reasonable accommodation?
A worker in need of a reasonable accommodation. The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) require accommodations for employees with disabilities.
What are the obligations of an employer under the ADA?
The obligations of the employer, however, depend on the circumstances of each case. The requirements of the ADA were purposely kept broad and somewhat vague to protect as many employees and potential employees as possible. The ADA applies to all companies with 15 or more employees as well as all state and local governments and agencies.
When to ask for a reasonable accommodation under the ADA?
An individual with a disability may request a reasonable accommodation at any time during the application process or during the period of employment. The ADA does not preclude an employee with a disability from requesting a reasonable accommodation because s/he did not ask for one when applying for a job or after receiving a job offer.
Under some circumstances, employers are legally allowed to deny a request for reasonable accommodation. Specifically, your employer may turn down your request if it qualifies as an “undue hardship.”
Do you have to change your supervisor as a reasonable accommodation?
Does an employer have to change a person’s supervisor as a form of reasonable accommodation? No. An employer does not have to provide an employee with a new supervisor as a reasonable accommodation. Nothing in the ADA, however, prohibits an employer from doing so.
A worker in need of a reasonable accommodation. The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) require accommodations for employees with disabilities.