The ADA’s reasonable accommodation requirement

Allegations of discrimination of any type can be devastating to your business. While a bad legal outcome can force you to pay out a significant amount of compensation, it can also cause significant harm to your business’s reputation. So, with so much at stake you can’t afford to lack the knowledge and legal insight you need to fully protect yourself and your business. In this post we’ll briefly look at one way you can defend yourself from claims of disability discrimination.

Reasonable accommodation

If your business meets certain requirements, then the Americans with Disabilities Act requires you to provide reasonable accommodations to those with disabilities who request them. This is to ensure that they enjoy equal employment opportunities. These accommodations can arise in any aspect of the employment process, from applying for a job to conducting job duties. Accommodations might include the implementation of features that make structures physically accessible, changing work assignments, or utilizing other equipment that allows a disabled individual to do his or her job more easily.

Undue burden

But not all requests for reasonable accommodation have to be granted. Under the law, a business can avoid compliance with a request if it can be shown that the implementation of the accommodation would cause an undue burden. The focus of what constitutes an undue burden is mostly financial in nature, which means you’ll want to consider the cost of the accommodation in light of your resources. You might also be able to avoid an accommodation if it disrupts business operations to a significant extent. It’s always a good idea to try to negotiate an accommodation if it seems too costly, though, that way you protect yourself more fully in the event of litigation.

Be prepared to protect yourself

Dealing with claims of discrimination can be enormously stressful for employers. If you’re in this position, then you should be proactive in defending yourself as fully as possible. While this post provides some general information, there are many nuances to the law that may or may not apply to your set of circumstances. With that in mind, it’s probably a good idea for you to discuss your situation with an attorney who will know how to fight to protect your and your business’s interests.

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