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Examples of ADA Failures to Accommodate


The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in employment. One of the key requirements of the ADA is that employers must provide reasonable accommodations to employees with disabilities to enable them to perform their job duties. However, despite these legal requirements, some employers still fail to accommodate employees with disabilities. In this article, we will explore some specific examples of how employers sometimes violate the ADA by failing to provide reasonable accommodations.


1. Refusal to Provide a Sign Language Interpreter


One common accommodation for employees who are deaf or hard of hearing is the use of a sign language interpreter. However, some employers refuse to provide an interpreter, even when it is necessary for the employee to perform their job duties. For example, an employee who works in customer service may need an interpreter to communicate with customers who are deaf or hard of hearing. If the employer refuses to provide an interpreter, this could be a violation of the ADA.


2. Failure to Modify Work Schedule


Another common accommodation for employees with disabilities is a modification of their work schedule. For example, an employee who experiences chronic pain may need to work part-time or have a flexible schedule to manage their condition. If the employer refuses to modify the work schedule, this could be a violation of the ADA.


3. Inaccessible Workplace


Employers are required to provide a workplace that is accessible to employees with disabilities. This means that the workplace should be free of physical barriers that prevent employees from performing their job duties. For example, an employee who uses a wheelchair may need a ramp or elevator to access the workplace. If the employer fails to provide these accommodations, this could be a violation of the ADA.


4. Refusal to Provide Ergonomic Equipment


Employees with disabilities may require special equipment to perform their job duties. For example, an employee with carpal tunnel syndrome may need an ergonomic keyboard or mouse to reduce pain and discomfort. If the employer refuses to provide this equipment, this could be a violation of the ADA.


5. Failure to Accommodate Mental Health Conditions


The ADA also covers mental health conditions, and employers are required to provide reasonable accommodations for employees with these conditions. For example, an employee with anxiety may need a private workspace or a flexible schedule to manage their symptoms. If the employer fails to provide these accommodations, this could be a violation of the ADA.


6. Refusal to Provide Leave


The ADA also requires employers to provide leave as a reasonable accommodation. For example, an employee who experiences a flare-up of a medical condition may need time off work to recover. If the employer refuses to provide leave as an accommodation, this could be a violation of the ADA.


7. Inflexible Job Requirements


Employers are required to make reasonable modifications to job requirements to accommodate employees with disabilities. For example, an employer may need to modify a job requirement that involves standing for long periods of time for an employee with a back injury. If the employer refuses to make these modifications, this could be a violation of the ADA.


Conclusion


Employers have a legal obligation to provide reasonable accommodations to employees with disabilities. When employers fail to provide these accommodations, they violate the ADA and put their employees at a disadvantage. If you have experienced discrimination due to a disability or a failure to accommodate your disability, contact us at Manes & Narahari LLC. Our experienced employment lawyers can help you understand your legal rights and options and advocate for your rights. Contact us today at 412-626-5626 or email us at lawyer@manesnarahari.com to schedule your free consultation.

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