| The Americans with Disabilities Act, or ADA, regulates | | | | lawsuit. The only circumstances in which an employer |
| the treatment of employees who have either a | | | | can refuse a reasonable accommodation request is |
| physical or mental disability. This act prevents | | | | when doing so would result in "undue hardship" to the |
| employers and companies from behaving in a | | | | business. |
| discriminatory manner towards disabled employees in | | | | What Constitutes Undue Hardship? |
| an attempt to guarantee equal employment | | | | If providing the necessary reasonable accommodation |
| opportunities for all individuals. | | | | would create excessive financial hardship for the |
| As part of the ADA, companies are required to make | | | | company, or would inhibit the ability of the business to |
| "reasonable accommodations" for employees or | | | | function properly, the business can claim undue |
| potential employees with disabilities to ensure that fully | | | | hardship and will not be required to make the |
| qualified individuals have the opportunity to perform the | | | | necessary accommodation(s). |
| full functions of their jobs. | | | | When a business claims undue hardship, the following |
| What Constitutes Reasonable Accommodation? | | | | items will need to be considered in order to prove that |
| Employers and companies are required to make | | | | this claim is valid |
| reasonable accommodations, when / if needed, that | | | | · The cost and nature of the reasonable |
| will enable an employee with a disability to do their job. | | | | accommodation in question |
| Employers are not required to make these | | | | · The financial status and resources of the |
| accommodations unless they are made aware of the | | | | business |
| need for the accommodation. However, once an | | | | · The size, nature, composition and structure of |
| employer is made aware of the need, they are | | | | the business |
| required to fulfill it. | | | | · Whether or not the business has already |
| Examples of accommodations that may need to be | | | | spent money to make other reasonable |
| made include | | | | accommodations |
| · The installation of wheelchair ramps | | | | After taking these items into consideration, it is possible |
| · Elevator access in buildings that only have | | | | that a company (especially a smaller, and / or privately |
| stair access | | | | owned company) may be excused from granting the |
| · Posted signs in Braille | | | | requested accommodations, as it would truly inhibit the |
| · Automatic doors | | | | functionality of that business. |
| It is illegal and considered discriminatory for an | | | | If you would like more information on employment |
| employer to refuse to make a reasonable | | | | discrimination, or on reasonable accommodation and |
| accommodation, such as the ones listed above, and | | | | undue hardship laws, contact Los Angeles |
| failure to do so can result in a disability discrimination | | | | employment lawyer Perry Smith today. |