You have the right to be free from discrimination based on your actual or perceived disability. If you inform your employer of a disability-based limitation, your employer must seek to provide you with a reasonable accommodation. If you suffered workplace harm because of disability discrimination or because your employer failed to provide you with a reasonable accommodation, you have the right to seek compensation for that harm. You should contact a knowledgeable New York disability discrimination lawyer as soon as possible to discuss your situation.
A recent failure-to-accommodate case from federal court is a useful reminder that not all accommodations are created equal. Just because your employer offered an accommodation, that does mean that the accommodation was reasonable and fulfilled what the law requires.
The employee in the case was an “outreach coordinator” for a trust fund that provides health benefits to healthcare workers. The coordinator job required him to “drive to various healthcare facilities in an assigned area on Long Island to give presentations to facility workers on union benefits and pensions.”
That became complicated after the man developed a serious circulatory condition that limited his ability to sit, stand, or drive for more than 30 minutes at a time. The coordinator informed the employer of his limitation. In response, the employer removed the four facilities farthest from his house in Elmont.
Even with those four removals, the coordinator’s route still included several facilities more than a 30-minute drive away. The coordinator asked the employer to assign him to a different route, but the employer said no.
A few weeks later, the employer fired the coordinator.
The coordinator sued, alleging that the employer improperly failed to accommodate his disability in violation of the Americans with Disabilities Act. The employer moved for summary judgment, effectively asking the judge to throw out the coordinator’s case.
The ‘Hallmark of a Reasonable Accommodation’
The trial judge said that by removing the four furthest facilities, the employer had provided a sufficient accommodation and therefore the coordinator could not maintain a failure-to-accommodate claim.
The Second Circuit Court of Appeals said this was incorrect. In overturning the ruling for the employer, the court emphasized that the “hallmark of a reasonable accommodation is effectiveness. To satisfy the ADA, an ‘accommodation need not be perfect or the one most strongly preferred by the [employee], but it still must be effective.’” Put another way, the ADA does not require an employer to provide an employee with the precise accommodation the employee asks for, but if the accommodation that the employer provides does not allow the employee to perform the job, then that accommodation is not reasonable.
In the coordinator’s case, questions of fact remained, and a jury should decide whether the employer violated the ADA.
What Workers Should Take From This Ruling
The appeals court’s ruling in favor of this employee highlights some important information. Simply because your employer provides you with some accommodation, that does not necessarily mean that they have met the requirements of the ADA. If the accommodation your employer has offered you is just a token or ineffective one, then they may have improperly failed to accommodate your disability. If an accommodation does not actually ameliorate the problem that caused you to seek an accommodation in the first place, it may be unreasonable under the law.
The provision of reasonable accommodations is an important aspect of maintaining a diverse workforce, including employees with disabilities. It is also required by federal, state, and city law. If you have requested an accommodation and received an inadequate accommodation or no accommodation at all, you have the right to seek justice in civil court. The skilled New York disability discrimination attorneys at Phillips & Associates, PLLC are dedicated to helping employees protect their rights and get the recovery they deserve. To find out more, contact us online or call (866) 229-9441 to set up a free and confidential consultation today.