Discrimination is a common source for dispute in Florida workplaces. This is true when people are looking for employment or are already employed. Frequently, this is looked at from the perspective of the employee. This has been a prevailing sentiment in recent years as employers are commonly accused of wrongdoing while employees and prospective employees have more avenues to ensure they are treated fairly.
However, it can also be assessed from the employer’s viewpoint. One area that can stoke confusion and cause challenges for an employer is complying with the Americans with Disabilities Act. Under the 1990 law, the employer must grant reasonable accommodation to a disabled employee. However, the employer cannot be forced to endure undue hardship. This might lead to gray areas that should be objectively analyzed. Knowing the difference and when the line is crossed is important when filing or defending against a legal claim.
Is it reasonable accommodation or undue hardship?
The ADA requires employers to make the workplace accessible for disabled employees. That means they need to ensure that the disabled employee can perform their job. This provides the employee or applicant an equal employment opportunity.
For example, they might need to adjust work schedules, acquire equipment that makes it easier for the disabled employee, assess their needs to best serve them, and make sure that they can do the job they were hired to do once the accommodations are made.
However, the employer also has certain protections that could preclude going too far to accommodate a disabled employee. The changes necessary to the workplace could require extensive construction. Finances play a factor with any business and if they are being asked to subject themselves to major cost, they can claim it is undue hardship. Other factors that will be assessed include the employer’s finances, how many employees they have, and how the expenses will impact the workplace.
It is crucial to understand nuance in employment discrimination cases
While employers are often framed as the “bad guy” in employment discrimination cases, particularly when it comes to disabled employees, it is not necessarily the case that they are willfully violating the law. Protections are accorded to employers and employees under the ADA. When there are allegations of wrongdoing, the employer needs to be aware of how to protect themselves and combat accusations of violating employment law. Having comprehensive assistance is imperative.