When a medical condition makes it challenging to perform your job duties, you shouldn’t have to choose between your health and your career. Federal and Ohio laws provide important protections for employees who need workplace accommodations due to disabilities. Yet many workers don’t fully understand their rights or feel overwhelmed by the process of requesting help.
If you’re struggling with a medical condition that affects your work performance, or if your employer has denied your accommodation request, you’re not alone. At Marshall Forman & Schlein LLC, we’ve helped countless employees secure the workplace modifications they need to thrive in their careers while managing their health conditions.
The Americans with Disabilities Act (ADA) and Ohio law require employers to provide reasonable accommodations to qualified employees with disabilities. A reasonable accommodation is any modification to the work environment or job duties that enables you to perform the essential functions of your position without causing undue hardship to your employer.
The key word here is “reasonable.” An accommodation cannot eliminate fundamental job requirements, but it can modify how those requirements are met. For instance, if your position requires computer work but you have vision limitations, providing screen magnification software would be reasonable. However, if your job involves heavy lifting and you cannot lift the required weight, eliminating that duty entirely could be unreasonable.
Workplace accommodations vary widely based on individual needs and job requirements. Some frequently requested accommodations include:
When you request an accommodation, your employer has a legal duty to engage in what’s called an “interactive process.” This means they must work with you in good faith to identify effective accommodations that meet your needs without causing undue burden.
Your employer cannot simply deny your request without exploring alternatives. They must consider various options and engage in meaningful dialogue about what might work. If your suggested accommodation isn’t feasible, they should propose alternatives.
However, employers aren’t required to provide the exact accommodation you request or the most expensive option available. They only need to provide an effective accommodation that enables you to perform your job.
Employers can deny accommodation requests if they would cause “undue burden,” meaning the accommodation would be too expensive, disruptive or extensive given the employer’s resources and operations. However, cost alone typically isn’t enough to establish undue burden. Employers must show that the accommodation would cause significant difficulty or expense relative to their size and financial resources.
The ADA applies to private employers with 15 or more employees, as well as state and local governments. Ohio law extends these protections to employers with four or more full-time employees, providing broader coverage for workers in smaller companies.
The law prohibits employers from retaliating against employees who request accommodations. Your employer cannot fire, demote or otherwise punish you for exercising your rights under disability law. If you experience retaliation after requesting accommodations, you may have additional legal claims.
Understanding your rights is the first step, but navigating the accommodation process can be complex. If your employer has denied your request, failed to engage in the interactive process or retaliated against you for seeking help, you may need legal assistance.
At Marshall Forman & Schlein LLC, our experienced employment attorneys understand the nuances of ADA law and Ohio disability protections. We’ve recovered millions for our clients and have over 50 years of combined experience fighting for workers’ rights. Don’t let your employer’s refusal to accommodate force you out of your job: contact us today for a free consultation to discuss your situation and explore your legal options.
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