Failure to Accommodate Claims
The New York discrimination lawyers of Phillips & Associates are dedicated to assisting individuals who are unlawfully denied reasonable accommodation at work. Our attorneys handle all types of disability discrimination cases in the New York City area. Call one of our qualified employment lawyers today at (866) 229-9441.
Disabilities and Reasonable Accommodations in the Workplace
The Americans with Disabilities Act (“ADA”) requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship. The Equal Employment Opportunity Commission (“EEOC”) defines a reasonable accommodation as any change in the workplace or the way things are customarily done that provides an equal employment opportunity to an individual with a disability.
Requesting a Reasonable Accommodation
An employee must let the employer know that they need an adjustment or change at work for a reason related to a medical condition. An employment attorney can assist you with drafting your accommodation request. Its important to let your job know you need assistance due to a medical condition/disability. Your employer is not obligated to grant your exact request but they must enter into a cooperative dialogue or interactive process with you to determine what if any accommodation can be made.
Medical condition discrimination may violate New York state and federal laws. Additionally the ADA strictly prohibits discrimination based on disability in employment.Our New York discrimination attorneys handle cases on a contingency basis.
Failure to Provide an Accommodation in the Workplace
One of the most important objectives of antidiscrimination laws is to guaranty that all people have equal employment opportunities, regardless of race, creed, or color. This would not be possible without accommodating the rights of a diverse workforce. Failure to accommodate a person’s medical condition or disability or religion can be a form of discrimination because it unfairly excludes certain classes of people. This deprives otherwise qualified individuals of their fundamental right to discrimination-free employment. Employers therefore have a duty to provide reasonable accommodation to qualified individuals, regardless of their faith or disability. This may require certain adjustments to ensure that all people have equal opportunities in job-related activities.
Examples of reasonable accommodations relating to a disability or medical condition may include:
- Time off to get well is a common accommodation
- Job restructuring or reassignment
- Modifying work schedules for doctors appointments, therapy and or allowing telecommuting
- Adjusting interview, hiring, or recruiting process
- Providing necessary equipment, readers, or interpreters
- Making workplace or interview areas wheelchair accessible
Examples of reasonable accommodations relating to Religion may include:
- Shift substitutions or breaks to allow private prayer
- Flexible scheduling or leave to observe religious holidays
- Accommodation for religious garb and grooming practices
- Observance of religious prohibition against certain clothing
- Freedom to participate in or abstain from religious activity at work
The prohibition against discrimination applies to all aspects of employment, from hiring and firing to job assignments and promotion. It also includes the right to equal pay, training, benefits, and any other term or condition of employment. Our New York discrimination lawyers have successfully handled all types of claims involving an employer’s failure to provide reasonable accommodation for qualified individuals in the workplace. Our initial consultation is always free and there is no fee unless we recover compensation for you. Call us today at (866) 229-9441.
Failure to Provide a Reasonable Accommodation Is Illegal
New York state and federal laws require employers to reasonably accommodate an employee’s disability or religious beliefs. The only exception to this duty is if the accommodation would cause an “undue burden” on the operation of the business, such as a significant difficulty or expense. The Americans with Disabilities Act (ADA) specifically requires that employers provide reasonable accommodation to qualified applicants and employees with a disability. Title VII of the Civil Rights Act likewise requires that employers reasonably accommodate an employee’s disability and religious beliefs. Discrimination, segregation, or harassment based on either of these grounds is strictly prohibited in the workplace.
New York’s Human Rights Law (HRL) guarantees the same rights, but covers smaller employers not subject to the ADA and other federal laws. Like federal laws, the HRL requires employers to provide qualified employees with reasonable accommodation and medical leave. Employers are required to provide reasonable accommodations for a worker’s disability or religious beliefs so that qualified individuals can complete essential job tasks.
Our New York discrimination attorneys can explain how these and other antidiscrimination laws support your case. We handle all types of failure to accommodate claims in the New York area. Call (866) 229-9441 today and speak with one of our experienced employment lawyers.
What to Do if You Have a Failure to Accommodate Claim
If you were denied reasonable accommodation at work, consult the skilled New York discrimination lawyers at Phillips & Associates today. At Phillips & Associates, we know that reporting workplace violations is tough, but believe that no one should have to suffer discrimination at work. Our firm provides the highest quality legal representation to victims of discrimination throughout New York and is dedicated to helping you recover the compensation you deserve.
We do not charge attorney’s fees unless you get paid. Call (866) 229-9441 for a free consultation or Contact Us online.
- What is Not Considered a Reasonable Accommodation
- What is an Example of a Reasonable Accommodation?
- When Can a Reasonable Accommodation Be Denied?
- How Do You Ask for a Reasonable Accommodation?
- Can an Employer Deny Reasonable Accommodation?
- Do You Need a Doctor’s Note When Requesting a Reasonable Accommodation?
- What are the Three Accommodation Categories?
- What is a Reasonable Accommodation Under the ADA
- What are Reasonable Accommodations for Anxiety?
- What Happens if an Employer Cannot Accommodate Work Restrictions?
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