Americans have been fighting for equal rights for decades. One of the most recent battles is also the most ignored: the fight for disability rights. Being disabled is the only minority group that anyone may be forced to join at any time, but it’s still one of the least-acknowledged issues in many workplaces.
Still, disabled people deserve equal treatment just as much as anyone else. That’s why the Americans with Disabilities Act (ADA) was finally signed into law in 1990, just 31 years ago. The Act requires businesses to provide reasonable workplace accommodations as a right for their employees. Unfortunately, you may need to fight if you want this right respected. Here’s what you need to know about the ADA, what constitutes reasonable accommodations, and how to get the help you need.
What Is the ADA?
The ADA was a groundbreaking bill that affected everything from building codes to hiring processes. Before it, disabled people faced incredible discrimination. It ranged from easy-to-overlook issues like buildings without accessible entrances to blatant ableism like denying disabled people the right to vote or excluding them from public schools. Employers were allowed to discriminate against disabled people, whether by not hiring them or firing them just because of their disability.
The ADA changed that. It acts as the equivalent of the Civil Rights Act, protecting disabilities the same way as traits like gender, race, and religion. It also codified accessibility requirements, requiring businesses and organizations to make their spaces more hospitable to disabled people of all kinds.
Once the ADA went into place, employers were no longer permitted to consider someone’s disability in employment decisions as long as the person could accomplish the core tasks of the job with “reasonable accommodations.” California has also implemented its own laws that protect disabled people more heavily. Today, if you’re a disabled employee, you can request your employer offers you accommodations to make your job easier. But what does that entail?
What Your Workplace is Obligated to Provide
Your workplace is only required to provide “reasonable” accommodations. These are defined as changes to a job or work environment that allow a qualified disabled person to perform the essential tasks of the position. An accommodation is reasonable if it doesn’t cause the employer an undue hardship or lead to dangerous situations.
Reasonable accommodations can include:
- Screen reading software
- Refreshable Braille displays
- Automatic doors
- Specialized computer monitors
- Sign-language interpreters
- Telework
- Modified work schedules for medical treatment
- Reassignment of non-essential tasks to other employees (letting Deaf workers take on some coworkers’ paperwork in exchange for not answering the phone)
Employers don’t have to make “unreasonable” accommodations. For instance, a workplace doesn’t need to consider a blind person for a role driving forklifts since that would pose a direct threat. Similarly, an accommodation that poses an undue hardship, such as a complete office retrofit, may be considered unreasonable.
How to Claim the Accommodations Your Need
Unfortunately, just because reasonable accommodations are legally required doesn’t mean your employer will want to provide them. Some managers dislike changing any aspect of their process or want to avoid signs of “favoritism” toward you. If you’re struggling to get the accommodations you need, here’s what to do.
Explain Your Needs
To get accommodations in the workplace, you’ll need to explain why you need them. Many employers are hesitant to offer accommodations they see as “unnecessary.” Offering a short explanation of your needs can help you get the help you need more quickly.
You don’t need to explain your whole medical history. Your employer can’t ask questions about it, either. Your explanation can be as simple as stating, “I have a disability that makes this task difficult. That accommodation will make it easier for me.” This makes it clear that you’re asking for accommodations without forcing you to give up your privacy.
Document Current Conditions
You should also take the time to record the conditions making it hard for you to do your job. For instance, if you’re in a wheelchair and your desk is too high, take pictures that compare your desk to your chair height.
Similarly, you can record background noise that makes it impossible to concentrate if you have OCD or ADHD or compare your current schedule to your medical appointments or health needs. This documentation can prove to your manager that you need the accommodation or become evidence if you need to take legal action.
Document Your Request
You do not need to make an accommodations request in writing, but it helps. Sending an email with your request starts a paper trail. There’s no confusion about when you started the request process, what you asked for, or who you asked.
You should get all your employer’s responses in writing, too. If they refuse your request, make them write it down instead of simply telling you in person. Something as simple as forcing someone to deny you in writing may be enough to make them rethink their refusal. If they refuse your request in writing, you have evidence that they aren’t providing you with reasonable accommodations.
Take Legal Action
If you haven’t received the accommodations you need in a reasonable time after making your request, you may need to take legal action. You can work with a qualified employment lawyer to formalize your request. Sometimes, the threat of legal action can convince a company to take action. If not, your attorney can help you file a civil lawsuit against your employer for not following the ADA’s requirements.
Stand Up for Your Needs
Having a disability just means that part of your body doesn’t work the way it should. It has no impact on your ability to be a great employee. Under the ADA, you have the right to reasonable accommodations that make it easier to do your job. If your workplace isn’t providing those accommodations, then you can and should take action.
You can get started today by scheduling your consultation with a qualified employment law attorney. Don’t let your employer’s ableism damage your career. By getting a consultation, you can learn the right next steps to get the accommodations you need.
