What is the law regarding accommodation of disabled employees?
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What is the law regarding accommodation of disabled employees?
I am a disabled person and when applying for jobs, I let the employer know during an interview or when I am called to come in for an interview that I am disabled and need accommodation. I do not disclose the name of
my disability but I just say I am disabled and need accommodation. Some of the jobs I apply are full-time, 40 hours per week. One of the accommodations I ask for is part-time and many of them say that they can’t provide it. My disability is not physical, its more mental but it affects my life overall and it’s permanent. I thought by law employers are obligated to accommodate for disabled employees? What am I doing wrong or where in the interview process do I need to make changes?
Asked on February 15, 2019 under Employment Labor Law, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Under the ADA ("Americans with Disanlities Act"), an employer must make "reasonabale accomodation" to workers with a verified qualifying disabiity. That is unless making such an accomodation will prsent an "undue hardship" on the employer. Basically, the issue is whether the accommodation is reasonable. In your situation, if the employer does not currently have an open part-time shift to give you, the request is likely not reasonable because it would be too expensive or disruptive.In other words, they do not need to add a new shift for you. Here is a link to an article that will explain further:
https://law.freeadvice.com/government_law/civil_rights_law_ada/employment-discrimination.htm
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Under the ADA ("Americans with Disanlities Act"), an employer must make "reasonabale accomodation" to workers with a verified qualifying disabiity. That is unless making such an accomodation will prsent an "undue hardship" on the employer. Basically, the issue is whether the accommodation is reasonable. In your situation, if the employer does not currently have an open part-time shift to give you, the request is likely not reasonable because it would be too expensive or disruptive.In other words, they do not need to add a new shift for you. Here is a link to an article that will explain further:
https://law.freeadvice.com/government_law/civil_rights_law_ada/employment-discrimination.htm
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