If an employee is disabled, employers are obligated to make reasonable accommodations so that they can continue to have their job. For instance, an employee could suffer a spinal cord injury in a car accident that leaves them with a lifelong disability. If their employer simply fires them and hires someone else, that could be a violation of their rights.
But what are “reasonable accommodations?” What is the employer required to do to make it so that the employee can keep their job?
Minor, low-cost changes
Employers aren’t obligated to make major changes that would create a financial hardship. But they should do small things that can make it easier for the employee to continue working.
To continue with the example above, perhaps a restroom needs to be modified so that the employee can use it while in a wheelchair. Or perhaps a ramp needs to be installed. These are simple changes just to make the workplace more accessible.
The company may also have to consider changing some of their policies. For example, maybe there’s a policy that all workers have to stand behind the desk while interacting with customers. Just because the worker has suffered an injury doesn’t mean they can’t fulfill their obligation. They may simply need an altered desk where they can sit in a wheelchair.
It’s this type of simple change that allows them to keep their job, as nothing about their disability prevents them from effectively performing their duties as they talk with customers and answer phones. If the employer decided to just fire them instead, then they may be able to sue for wrongful termination, claiming—correctly—that they were fired because of their disability status.
Do you feel that you have faced discrimination on the job? Be sure you understand all the legal steps you can take at this time.