For disabled people who are employed or are looking for employment in Texas, it can be a difficult journey. While employers are required to treat everyone equally, there are often stigmas attached to those who have some form of disability and it can hinder their search or cause they problems when they try to advance in a current job.
Employers are expected to adhere to the law and grant “reasonable accommodations” to disabled employees. There is often confusion about this term and it is important to be aware of what it means and entails. If there is a failure to follow the Americans with Disabilities Act of 1990 and its subsequent amendments, the worker or prospective worker needs to understand their rights.
Know the EEOC details
The Equal Employment Opportunity Commission gives clarity as to what reasonable accommodation entails. The objective is to make work inclusive and easier for people with disabilities to take part and perform the functions of the job. It is meant to make the landscape equal to those who do not have disabilities.
If a person needs certain equipment to do the job, then reasonable accommodation would involve providing it. It could also include a job restructuring, adjusting work schedules, reassigning a worker to an available position and making the workplace easier to navigate for those who have disabilities.
A key point when lodging a complaint about not having reasonable accommodations is if the necessary changes will constitute an undue hardship on the employer. Simply installing a ramp for a person with a wheelchair or moving furniture and office items to make it easier for the person to get around would not be an undue hardship.
If, however, the entire nature of the business would need to change or the cost is exorbitant, then the employer could make the argument that it goes beyond what is fair. In some instances, the employer might say that it is an undue hardship when it is not. People who believe they have been discriminated against and were not granted what they are entitled to under reasonable accommodation should know how to differentiate between the two.
Disabled people must know their rights
Any form of discrimination can cause myriad problems for those who are simply trying to be productive members of society. A key with employment is understanding reasonable accommodation. When this part of the law is violated, that are available avenues to hold the employer accountable. This is true with disability discrimination and any other type of discrimination. Knowing what steps can be taken is essential.