DISABILITY DISCRIMINATION AND FAILURE TO ACCOMODATE

Employees with disabilities are entitled to accommodations under the Americans with Disabilities Act. ("ADA") An employee who has a known disability, or is regarded as disabled by their employer, cannot be terminated solely because of their disability. 

To establish a failure-to-accommodate claim under the ADA, a claimant must demonstrate the following:

(1) he/she were a qualified individual with a disability;

(2) their disability and its limitations were known by the employer; and

(3) the employer failed to reasonably accommodate the disability. Feist v. Louisiana, 730 F.3d 450, 452 (5th Cir. 2013).

A reasonable accommodation is assistance or changes to a position or workplace that will enable an employee to do his or her job despite having a disability. Under the ADA, employers are required to provide reasonable accommodations to qualified employees with disabilities, unless doing so would pose an undue hardship.

Common examples of requested accommodations include asking for leave to attend doctor's visits, being able to work from home, receiving a new chair, and having another employee lift heavy items.

If reasonable accommodations can be made that allow the plaintiff to fulfill the essential functions of their jobs, and the employer can do so without creating an undue hardship, a disabled plaintiff should be granted that accommodation and allowed to continue working. An employee can also not be terminated for requesting an accommodation. 

If you or someone you know has been discriminated against or denied a reasonable accommodation, please contact us at contact Walters Law Office, PLLC for a free consultation, 682-747-6800.