Many Erie workers in Pennsylvania believe that if an employer offers any accommodation, they must accept it without question. However, a workplace modification that does not actually let you perform your job is not reasonable and may violate federal employment laws. Understanding the difference between a legitimate concern and unlawful discrimination can help you protect your career and well-being.
The importance of the interactive process
The Americans with Disabilities Act (ADA) requires employers and employees to work together in good faith. Employers cannot just make a decision on their own.
They must have a back-and-forth discussion with you to find a workable solution. If a proposed accommodation does not work, you can suggest other options that better meet your needs.
Debunking undue hardship
Employers often say an accommodation costs too much or is too hard to provide to avoid following the rules. Under the law however, undue hardship must cause significant difficulty or expense relative to the employer’s size and resources. What may be a burden for a small shop is typically not the case for a large corporation.
The invisible struggle of mental health
Mental health conditions like post-traumatic stress disorder (PTSD), severe anxiety and depression are often ignored. However, these disabilities have protections under the ADA. Some workplace modifications you can request include:
- Flexible scheduling
- Quiet workspaces
- Modified supervision styles
A disability not being obvious or explicit does not mean the right to accommodation is any less valid.
What disability discrimination looks like
When a failure to accommodate becomes discrimination, it often shows up in the way an employer responds to your request for help. Warning signs that you need to look out for can include:
- Stalling resolutions
- Offering a solution that does not actually address your needs
- Retaliating after you ask for a reasonable accommodation
If your employer shows the behaviors listed above, the problem goes beyond being unhelpful. In many cases, refusing to provide a workplace modification may violate your legal rights as an employee.
When taking action matters
Requesting a workplace accommodation is exercising your legal right to equal opportunity. Whether your disability is visible or not, you deserve to be taken seriously and supported at your job. Our experienced workplace discrimination attorney can help you safeguard your professional standing if your employer ignores your requests or retaliates against you for speaking up.