#Workplace Discrimination
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"But they can't just not hire you or fire you for being disabled!"
Oh yes they can. And they do. All the time and everywhere. They'll never say "because you're disabled". It's always "you're not meeting the standards and demands of the job", every time.
It's why, as much as I'd like to work again when I'm back in the States, I don't think I can go back to teaching. "If you can't handle what it takes to be a teacher then you shouldn't have become one in the first place" will be what I'm going to run into, because no school wants to accommodate a disabled teacher.
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The OTW & Genocide
I truly apologize for taking so long to post this, but here's the compilation of screenshots I collected from the events that led to my departure from the OTW.
The document is not as extensive as I'd hoped to make it, due to personal issues IRL, but it's been long enough. I needed to just get this stuff out there.
#otw#palestine#from the river to the sea palestine will be free#ao3#archive of our own#organization for transformative works#free palestine#genocide#palestinian genocide#workplace discrimination#zionism#anti zionisim
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Anti-Trans Legislation Kills
[Digital illustration of a Black trans women wearing a dress made of words describing anti-trans legislation. Bills included are, “gender-affirming care bans, insurance coverage bans, drag bans, misgendering, uneducated medical professionals, youth sports bans, book bans, dead naming, stigma, and workplace discrimination.’ Text reads, ‘anti-trans legislation kills.’]
#art#feminism#feminist#trans rights#anti trans laws#anti trans legislation#politics#lgbtq#lgbtq rights#feminist art#gender affirming care#misgendering#drag bans#book bans#youth sports bans#dead naming#workplace discrimination
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The double standard in the work place between men and women is so flagrantly upheld by men on the daily. Tone policing women for responding to you in the same manner you speak to them are you fucking kidding me??
Entitled little shits. Of course that’s not even near the worst kind of double standards to be found.. why are we still battling with this? Why are women still not viewed as fucking human beings on par with their male peers?
#double standard#tone policing#workplace discrimination#social experiment#equality#women’s rights#workplace harassment
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fired for being autistic
being fired for being autistic a few weeks before autism acceptance month is crazy. people are very evil and they’re still not ready to accommodate autistic people in the work space. they only like us when they can SAY they work with us for brownie points but not when they have to “deal” with our autism.
#discrimination#autism#autistic#workplace abuse#unfair#autism acceptance#autism month#actually autistic#ableism#autistic community#workplace#workplace discrimination
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Something I found interesting someone spoke on in YouTube comments regarding the socioeconomic disadvantages Black People (Black Women most prevalently, but Black People at large) deal with navigating unemployment, working in education and real estate because of white women.
Though we already know this, the ways in which white people have a strong, biased history of prioritizing themselves and (sabotaging/policing/socioeconomically restricting) others doesn’t only deprive, exhaust, overwork and dehumanize Black Americans; it subjects Black people from the UK to the same mistreatment and alienation, obviously. This is something white women definitely weaponize w/o consequence & at the expense of others openly as well as privately (reserving or cherry-picking whom has the right to a specific career, wealth bracket or quality of life in their own interest & at other races of women’s expense).
Seemingly — and with enough evidence to suggest the same in reality — the only women white women actually fight for or protect w/ any genuine compassion or concern, are other white women. Occupationally, socially, economically, etc. Exclusively. They don’t put in anywhere near as much work otherwise for anyone else on a considerably grand scale; Black Women least of all. This is also why I hate when they get on their soap boxes to snivel and look to be infantilized about how much “more” accountable white men are for exercises in white supremacy than they are or have ever been.
Here’s the source (short vid) if anyone wants to check it out. Side note, I am also v aware these aren’t biases that white women fortify against Black Women only. I am v much aware that they impose these kinds of obstacles on women who aren’t white on an international level and that it is a widespread issue. However, I’m looking more closely, and therefore speaking directly, to how this affects Black Women in the US & UK in particular.
Can we dish, Black Tumblr? Can I get Black Women’s opinions on this if you’re willing to discuss?
#black tumblr#black twitter#antiblackness#misogynoir#workplace discrimination#black uk#black americans#blm#black women#black girls#white feminism#performative activism#black workers matter#protect black women#protect black girls
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I hate when bosses tell you "if you're too sick to come into work then you need to be resting." It's so ableist. It completely ignores that contagion doesn't equal severity. Its very paternalistic and doesn't allow for reasonable accommodations. Thinking like this is part of why disabled and chronically ill people have a hard time keeping jobs.
If an employee is telling you they can be productive while caring for themselves and protecting others, it's not your place as a supervisor to prevent them from working.
#disability rights#disabled#chronically ill#chronic illness#autoimmine disease#spoonie#accommodation#work from home#public health#workplace discrimination#ableism#bodily autonomy
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This could be a hot take for radblr, but fat women and their specific experiences shouldn’t be excluded or ridiculed.
#radfem#radblr#women deserve better#radical feminism#feminism#radfems do touch#radfems do interact#radfems please touch#womens rights#sex based rights#body shaming#weight stigma#workplace discrimination#bullying
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Hi, how to get people to stop constantly watching you? I’m the only black person at my work place (idk if it’s a race thing or just strange behavior-) and there’s my co supervisor who I have spoken with about my coworker I work with how she lacks commcuaition with me. He agreeed but the next day he was all up in their face talking with her and I noticed they’re a clique and he’s friends with her. So he began to act different and when I’m carrying an overload of work he’d look at me and say: oh it’s because you have a lot of responsibilities and you’re all alone? You’ll be fine. You got this. Then he’d walk away. We work in partnership so she works with me but just walks away and talks to her friends.
He’s watching me more and not only that, the woman I work with and her friend watch me constantly but her friend ignores me when I say hi or try to speak with her causally. But I find her over listening when I speak to other coworkers or staring at me when I’m not looking and when I look at her she looks away.
It’s rude to stare and it’s disgusting behavior and I don’t know what to do since my co supervisor has been acting differently since I spoke up about how I’d like more communication. When I look at him he’s not smiling then he decides to.
He’s friendly and nice but I just feel like he’s faking it or not really into me as a worker - which is fine but I’m super uncomfortable being watched all the time.
Hi love. I'm so sorry you're going through this. I was uncomfortable and ashamed of these people's behavior from what you described above, so I can only imagine how distressing it is to work around and experience this dynamic on a daily basis. Personally, I would subtly point out their odd behavior without being too petty. For example, if I caught one of these colleagues staring, I would ask them "Are you good?" or "You look lost, do you need something?"
Hopefully, they will start to feel called out and embarrassed, so they learn to leave you alone, mind their own business, and be professional at their workplace. If any BIPOC women have any additional advice or insights, please share as we all should learn/do better when we can (speaking from a white woman's perspective here!).
Hope this helps xx
#workplace culture#workplace wellbeing#communication skills#social interaction#socializing#social skills#antiracism#workplace discrimination#bipoc community#femmefatalevibe#career advice#people skills#femme fatale#dark femininity#dark feminine energy#high value woman#it girl#high value mindset#the feminine urge#female excellence#dream girl#queen energy#female power#girl advice#girl blogging
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Part one: After my complaint this year about my experience of discrimination in the kitchen of HH, located in Theddingworth. They only put this statement up to cover their backs but really the story goes like this. Earlier this year, round March time I opened up to one of the heads of colleagues about my being transgender then the micro aggressions started and it became a snowball effect into more blatant trans. For example I told my now former boss I’m transgender and he proceeded to ask questions like is the surgery free or do you have to pay for it to which I replied “No it’s free on NHS” “Our taxes have to pay for that” he responded. At the time it did make my blood boil but I brushed it off. Then around June time I told him about my traumatic experience with a male stalker. Then he mentioned that one of my colleagues brought up my old name/dead name and after that followed “your a woman to me” thinking it would justify what he said prior. I also remember him inappropriately touching me with a feather duster from a bulk batch of stuff ordered for the kitchen. During all this time I was in a very bad place mentally to the point I was self harming and my colleagues thought it would be funny to make a mockery out of my scars. I was also having moments of being very high and very low in mood which made me an easy target for bullying let alone being transgender. Excuse this being very scattered but my dyslexia doesn’t exactly help matters. I also remember other staff laughing/giggling at me but then when I would go into a room they would stop talking. This also became true for my colleagues which is among countless other things I hate about work place bullying. They’d rather keep shut then confront the bullied about what’s being said about them. And as I said it continued like a snow ball effect into worse bullying/Name calling and dead gendering. For example dead gendering like “He’s angry today isn’t he”? My boss would say to a fellow colleague. “He’s always having up and down moments isn’t he”? He would say to another colleague whilst grimacing at me. In another situation he smelled the area in which I was standing and said “I smell butty” in front of a younger part timer. And I think this younger part timer is one of the main antagonists of this problem in which many others participated, mainly men. Men who have very little understanding of lgbtq problems but in my case it was mainly transgender problems. I’ve had this problem all my life when men sexualise me then bully me because I’m some sort of experiment to them. And this has been ongoing from the age of 14. There is a part two.
#transphobes#workplace bullying#discriminatory#discrimination#stop discriminating#stop bullying#anti bullying#transautistic#transautism#trans discrimination#trans discussion#anti transgender#anti transphobes#lgbtq problems#bullying#workplace discrimination#hotel business#hospitality#dead name
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my mom and her brother both work in the federal govt and one of her cousins has worked as a nurse for over 20 years at a hospital in our city.
During covid, like lots of us, cousin started wondering if she was neurodivergent, partly because her youngest daughter received an autism diagnosis, partly because she started recognising some signs in herself.
So cousin took some time off from work so that she could focus on her own mental health, see someone, and potentially receive a diagnosis, which she did for adhd.
Her psychologist has repeatedly said she is ready to return to work. Cousin wants to return to work.
But the hospital is refusing to allow her to come back to work and has been jerking her around for the past SIX MONTHS.
Her job is unionised and even her union are working against her, with her union rep telling her she’s not allowed to seek legal counsel until they’ve “exhausted every other avenues” (a bullshit lie). She had to take on another job, where she’s earning $1500 less per paycheque (while being a single mother to 2 kids).
THANKFULLY, my mom (who has a really interesting job in ethics and gets to comb through every slimy thing politicians try to get away with) is a pit bull and has been working with cousin to get her legal rep. She called a lawyer friend from CSIS (canadian cia or something), who is contacting a lawyer who recently represented citizens in my neighbourhood against the far-right convoy occupation a couple years ago.
Both lawyers were like “oh this hospital does not know what’s coming down the pipe towards them” and are flabbergasted by the amount of laws they’re breaking.
Reminder that hospitals here have a MASSIVE deficit of staff. This hospital is literally not allowing someone to come back to work despite the fact they want to and are ready.
Anyway. The family who fights workplace discrimination together stays together or something like that.
#what a beautiful family bonding moment#mental health#neurodivergent#workplace discrimination#adhd#autism
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Hey, hope your doing okay! I was just wondering if you had any advice about how to deal with ableist co workers? I have Crohn’s disease, so I have a weakened immune system. I have been out of work a lot recently due to flares and RSV, so I’ve been having people covering my shift. I asked someone to in the group chat and this girl said I should just quit. I kindly said I have an invisible disability and tried to be polite. She continued with ableist comments and even asked if Crohn’s was even a disability like I didn’t know what I was talking about. Just trying to think about how to handle the situation and if I should bring it up to management. If you have any advice, I’d be glad to hear it! Thanks!
Dear Nonny,
I am... SO sorry it took me forever to respond to this. I saw it, and then... shit kinda hit the fan in my personal life, and I forgot about it. *hangs head in shame*
I am actually dealing with a slightly similar situation at work at the moment. A coworker has been bullying me for a couple months now, which includes: a) giving me the silent treatment, b) undermining my authority with our clients at every opportunity, and c) talking shit about me to our other coworkers, including saying that she thinks that I am faking my medical conditions/don't actually have any "valid" medical conditions, and that she won't believe anything I say until she sees my "medical records" (which, of course, she has no right to demand). I have just recently met with my boss and HR and filed a formal grievance. I'm still awaiting the outcome, but, in the meantime, my boss has changed my schedule so I don't have to work with that coworker.
Unfortunately, this is not my first rodeo, and I've learned a lot over the years regarding how to deal with workplace/coworker issues as a chronically ill and disabled person.
Here's my advice...
First and foremost, know your company's policies on bullying/harassment and workplace discrimination, as well as your state/federal rights. (I don't know what country you live in, but I've dealt with this in the USA and in the UK, and I know they have similar protections in place. Here's an overview of your federal rights in the USA from the ACLU website.) At my workplace, in our staff handbook, there is a section which outlines our code of conduct and explains that any employee can face disciplinary action - up to and including immediate termination - for violating any of those expectations. Bullying and harassment are specifically mentioned. There is also a section which explains our rights as employees, including disability rights and what to do if we believe we have been discriminated against and/or wrongfully terminated.
Secondly, document EVERYTHING. Document what this coworker says to you and when. If there were witnesses, document that, too. If/when you choose to bring your boss/HR into it, they may ask for specific details, dates, and whether or not there were any witnesses present. I keep a running list in the note-taking app on my phone, so that I can easily access it during meetings, as well as copy and paste easily into emails.
Last, but not least: in my experience, the earlier you involve management the better, and be persistent. If you let the behavior go unchecked for a long time before you say anything, your boss *might* interpret that as "it must not be thaaat bad, so I can put it on the back burner". Make it very clear from the beginning that you a) want to be there/want that job, b) know your rights, and c) expect action to be taken and follow-up to take place. Employers generally do not want to risk being sued (or risk losing employees... or at the very least risk getting a bad reputation, which might deter potential future employees), so this will usually get them to take your concerns seriously and address them promptly. If that is not the case, and your workplace has an HR representative/department, telling your boss you'd like to meet with HR will likely do the trick; your supervisor/boss doesn't want to get in trouble with HR. The same goes for your union rep, if you are part of a labor union. Don’t hesitate to seek support from higher up the ladder (e.g. your boss's boss, etc.) if your boss doesn't seem to be taking you seriously or isn't taking prompt action to address your coworker's behavior.
Let me make this very clear: You don’t owe your coworker SQUAT. She is not your boss. She has no right to your personal medical information, and you do not owe her an explanation. If you really want to, you could perhaps send her a link to an educational website where she can read more about your condition on her own time, but please don't waste any further time and energy trying to educate her. If she truly wants to learn, she will. If she just wants to be an asshole (which is what I suspect is the case), she won't even bother reading the info you provide. Either way, your coworkers do not have the right to demand details or proof of your disabilities/illnesses, and you should not have to disclose personal medical information to your coworkers in order to be treated with respect and dignity in your workplace.
Read it... and then read it again. And again. And again.
You should not have to disclose personal medical information to your coworkers in order to be treated with respect and dignity in your workplace.
Feel free to plagiarize me and borrow/quote/adapt as much of this as you like for use with your coworkers and management. (Is it still plagiarism if I give you permission? 🤔)
I hope this has helped, even just a little, and I truly hope your situation improves soon! Stay strong, Nonny. Spoonie solidarity! 🥄💜
#hey nonny nonny#answered ask#chronic illness#disability#spoonie problems#disability rights#disability resources#disability discrimination#ableism#crohn's disease#autoimmune disorders#i don't have crohn's... but i do have an autoimmune disorder (amongst many other things)#workplace discrimination#workplace bullying#okay to reblog#actually i encourage people to reblog this regardless of who you are#i hope this helps someone#also#feel free to add on with resources for whatever country you're in as i realize disability rights and workplace protections vary by country#as well as the fact that every workplace has different policies
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Got fired from my welding job for "not knowing how to weld" when they had me being a glorified maid fir 3 months.
Went to another shop. Got offered doudle on the spot after a weld test.
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Examples of Reasonable Accommodations in the Workplace
People who have disabilities may sometimes need accommodations. In the context of the workplace, reasonable accommodations are adaptations and changes to environment or procedures that assist disabled workers in performing their job. There are also accommodations that prospective employees may need throughout the hiring process as well. Needs and abilities vary from person to person and therefore so do the accommodations granted to each individual. Many different types of accommodations are relatively easy to provide and most come at no real cost to the employer.
Who is an Individual with a Disability?
When an individual has mental or physical limitations to their ability to perform major life activities, they are considered disabled by the Americans with Disabilities Act and are entitled to reasonable accommodations. When requesting accommodations at work, if the disability is not visibly obvious, the employer may ask for a doctor’s confirmation that the accommodation is necessary.
Types of Workplace Reasonable Accommodations
Reasonable accommodations come in three main categories:
No Tech – Accommodations that require minimum cost and effort. This can include allowing someone more time to complete tasks or letting them eat at their desk.
Low Tech – Accommodations that require a small amount of cost and effort. This can include providing lumbar support for chairs or wrist supports for mice and keyboards.
High Tech – Accommodations that require extra cost and effort. This can include installing automatic door and providing screen readers.
Common Examples of Reasonable Accommodations in the Workplace
There are many ways in which an employer can provide reasonable accommodations for their employees such as:
Alterations – Changing the way a job is performed, the time frame it is performed in, or the people responsible for individual aspects of the job itself.
Equipment – Altering equipment such as chair modifications or changing the display and audio settings on a computer and/or providing devices such as desk heaters or magnifiers.
Help – Allowing personal aids or caretakers to provide assistance.
Materials – Making alterations to the format of provided information.
Parking – Providing accessible parking for employees.
Reassignment – Moving an employee to an equal position that is better suited to their needs.
Scheduling – Allowing for flexibility within an employee’s schedule to allow for extra breaks or time off for doctor’s appointments.
Technology – Providing things such as screen readers, modified headsets, and assistive software.
Job Restructuring
An example of reasonable accommodation may be changing the way a job is performed. This can be done by reassigning workloads amongst different employees, changing the employee’s location, or even removing or replacing certain duties.
Rearranging the way tasks and duties are divided amongst coworkers is one way to reasonably accommodate employees with disabilities. If there are two receptionists and one of them is dyslexic, that employee might handle the majority of helping guests and transferring calls while the other handles the majority of the paperwork and typing.
Some disabilities may prevent people from being able to perform their job in the given work environment, perhaps due to mobility or sensory issues. If the job can be done from home or at a more accessible location, it may be reasonable to allow the employee to do so.
There are also some aspects of the way a job is performed that may be easily eliminated or changed completely. A deaf employee may be allowed to handle correspondences via text and email rather than making phone calls. An employee with mobility issues may be permitted to mail things out rather than making deliveries.
Modified Work Schedules and Flexible Leave Policies
Some disabilities may cause an employee to require a modified schedule. If accommodating that schedule does not cause the employer undue hardship, then it would be considered a reasonable accommodation. This may involve extra breaks, regular days off, or even a part time schedule.
A person with an ongoing illness may require regular days off to receive treatment.
A person with chronic pain may only be able to work every other day or require three day weekends in order to recuperate.
A person with diabetes may require extra breaks to eat and manage their insulin.
There are also some disabilities that may require employees to take a leave of absence for more than a day or two. The employer is not necessarily required to provide paid leave in these situations, but they are expected to allow for disability leave when applicable.
A person with a condition that involves flair ups may need extra time off.
Some treatments may have extended recovery time.
The workplace may be temporarily inhospitable due to a person’s disability.
A person with a prosthetic may need time off for repair or replacement.
A flexible work schedule accommodation may also involve an employee being permitted to work remotely a day or two a week or working weekends instead of weekdays.
Modification or Purchase of Equipment or Devices
There are many accessibility aids that can help someone with disabilities in the workplace. Employers are required to provide reasonable equipment when necessary. However, employers are only responsible for things specifically needed for the job. Accessibility aids required for daily functions such as glasses or hearing aids are the employee’s responsibility.
Employees who are visually impaired may require:
Screen reading software
Braille or raised print copies of documents
Magnifying devices
Additional lighting
Employees who are hard of hearing may require:
Teletypewriters
Text telephones
Transcript software
Employees with mobility issues may require:
Telephone headsets
Modified equipment controls
Modified desks for wheelchairs
Stabilizing devices
Employees with dyslexia or ADHD may require:
Guided reading software
Employees with chronic pain may require:
Modified seating
Training
Employers are required to provide employees with disabilities the same opportunities for advancement as their coworkers. This means ensuring that any training is accessible to everyone. Ways that employers may provide training accommodations include:
Making sure that training sites are accessible
Providing training materials in alternative formats
Including sign language interpreters in presentations
Adding captioning to video/audio guides
Modification of Policies
There are some companies that have policies that may prevent a disabled person from being able to do their job efficiently or safely. These policies would have to be amended or the employee given exemption. Examples of this may include:
A worksite that does not allow animals permitting an employee to bring their service dog
A company with a ‘no eating on the clock’ or ‘no food at your desk’ rule allowing an exception for a diabetic employee
An employee with sensory issues or ADHD being allowed to wear headphones
Modified emergency evacuation plans for employees with mobility issues
A company that only provides on site parking for management providing a space for a lower-level employee with mobility issues
Modification of Physical Site or Building
Sometimes, the way the worksite itself is designed poses a hindrance to disabled employees that their coworkers do not face.
Structural changes are sometimes necessary, such as:
Building ramps
Adding accessible bathrooms
Installing elevators/escalators
Non-structural changes may also provide solutions, such as:
Setting up water coolers
Syncing an alert light to the doorbell
Moving meetings and training to another area
Provision of Readers, Communication Access Providers, or Personal Assistants
Some employees may need accommodations by way of third party assistance. This assistance may be needed occasionally or frequently depending on situation at hand. If providing this assistance does not cause undue hardship to the employer, it is considered a reasonable accommodation.
Readers may be employed to assist employees with vision impairments as well as those with dyslexia or learning disabilities. The reader should be able to comprehend the materials being read so that they can clearly and accurately provide the information.
Sign language interpreters can be especially useful for employees who are hard of hearing and/or mute to easily and clearly convey and receive information with their boss, coworkers, and clients.
Captioners and transcribers may be needed for employees who are hard of hearing or have auditory processing disorder when dealing with video presentations.
Drivers may be provided for vision impaired employees who are required to travel as part of their job.
Personal assistants can help in a myriad of ways such as:
Carrying things for employees whose disability involves a weightlifting restriction.
Retrieving or filing things on high shelves for an employee in a wheelchair.
Performing fine motor functions for those with conditions such as Parkinson’s.
Reassignment to a Vacant Position and Light Duty
Sometimes, an employee may develop a disability during their employment that makes it difficult or impossible to perform the job they were already doing. Sometimes, accommodations can be made. If there are no viable reasonable accommodations that can be provided, the employer may need to reassign them to another position with job duties they would be able to perform.
The reassignment should not be a demotion and should pay the same or a comparable salary. The reassignment should also not conflict with another employee being entitled to the position due to a collective bargaining agreement or any seniority system in place.
Some employers have provisions in place to assign employees to light duty when needed. This is not a requirement under the ADA, but a prudent option for industries that involve heavy labor and/or high risk of injury such as construction, fire departments, and law enforcement. Light duty positions are considered a reasonable accommodation if:
The employee is unable to perform their current job due to disability
The employee is qualified and capable of performing the light duty work
Reassigning the employee to the light duty job would not cause undue hardship
Other Accommodations
Other accommodations and considerations may be needed for employees with disabilities depending on the specific situation.
Some jobs compensate their employees for gas milage when traveling is part of their duties. If an employee can not drive due to their disability, the employer may compensate them for public transportation costs instead.
Employees who have learning disabilities may be provided extra personal training to ensure that they are able to fully grasp the skills needed for their job.
Employees with ADHD may be permitted to use their own organizational system rather than company standard or given more flexibility in how they complete tasks.
Employees may be permitted to join meetings via phone or video chat if their disability prevents them from attending in person.
Workplace Reasonable Accommodation Considerations
The following are all considerations that employers must account for when providing reasonable accommodations.
Cost – Most accommodations require relatively low cost to the employer, and some can be provided at no cost at all. Reasonable accommodations are often far less expensive than anticipated.
Essential Job Functions – While employers are expected to provide reasonable accommodations, they are not required to alter their standards for quality and production.
Providing Accommodation – Employers are not usually expected to provide accommodations unless an employee with a disability requests it.
Selection – If there are multiple accommodations that may provide the same assistance to an employee, the employer is permitted to chose which one they will provide.
Undue Hardship – If providing an accommodation would impose an undue hardship on the employer, such as exorbitant cost or difficulty, then they are not required to provide it.
What Are Essential Functions?
The tasks and duties that make up the foundation of a job are referred to as essential functions. The ability to perform those functions to a satisfactory level is what makes someone qualified to hold the position. An essential function is defined by:
Being the reason the position exists
The skill and expertise necessary
How many employees are able to complete the same tasks
Reasonable Accommodation Process
The ADA and the EEOC maintain that accommodation requests be taken into consideration case by case. First, the employee must inform their employer that they have a disability. Employers are not responsible for accommodating disabilities that they are not aware of. The reasonable accommodation process depends on open communication and cooperation between the employer and the employee.
Requesting Reasonable Accommodations in the Workplace
Every employer has their own procedure for requesting accommodations, usually through a manager or human resources department. The request must state the presence of the disability as well as how the disability prevents the employee from properly doing their job. It is best to make the request in writing and retain a copy for your own records. While it is not necessarily required to use the phrase ‘reasonable accommodation’ or cite the ADA, it is good to be clear and direct.
Obtain Preliminary Documentation
Employers are not entitled to an employee’s entire medical history. However, if an employee is requesting accommodation for a disability that is not obviously evident, the employer may request specific documentation from a healthcare provider confirming the disability and the need for accommodation. It is best to only prove the information absolutely relevant to the accommodation request and not allow the employer unlimited access to medical records.
Employers Responsibility When Responding to Reasonable Accommodation Requests
When an employee submits a request for a reasonable accommodation, they then begin what is known as an interactive process with their employer. This is an open communication between the employee and the person handling the request so that they can come to an agreement as to the best accommodation necessary for the situation. The employee may have specific ideas in mind and the employer may have follow up questions. The employer can request a confirmation from a health care professional that the accommodation is necessary if the disability is not obviously evident. The employer may also wish to review ADA guidelines to be sure of the extent of their responsibility. If the accommodation the employee is requesting is deemed too costly, the employer may want to do research to see if an equal but less expensive alternative is available.
Using JAN as a Tool
In 1983, the Department of Labor’s Office of Disability Employment Policy founded a free service known as the Job Accommodation Network to provide employers with information and guidance regarding job accommodations. Before the ADA was created, this tool established the standard for employer guidance when it came to working with those with disabilities. JAN provides a helpful summary of common problems and possible solutions known as The Employers’ Practical Guide to Reasonable Accommodation under the Americans with Disabilities Act. The guide is frequently updated as new situations are brought to their attention.
Does An Employer Need to Provide the Accommodation Requested?
When an employee informs their employer that their disability is affecting their ability to do their job effectively, the employee may already have an accommodation solution in mind. The employer may choose to provide that particular accommodation, or they might find another equally effective accommodation that may be cheaper or easier to provide.
Furthermore, employers are not required to eliminate any essential functions of the employee’s position. If the employee is unable to perform that function due to their disability, the employer may find them reasonable accommodations or transfer them to another position of comparable pay.
Similarly, employers are not required to provide accommodations that would create an undue hardship on the employer. This is generally in reference to expense and difficulty, taking into consideration the cost in relation to the employer’s finances as well as the impact of providing the accommodation. The definition of what falls under this classification varies between situations as an accommodation that could be easily provided by a large company might impose an undue hardship on a small business.
Employers are also not required to provide employees with personal services and devices needed for everyday functions. Things like glasses and hearing aids may be covered by employer provided health insurance, but they are not considered workplace accommodations.
Implementing Reasonable Accommodations
While there are no exact required guidelines regarding the procedure for implementing an accommodation, it is best practice to move things along quickly and maintain respectful communication. Employers are encouraged to keep perspective on what the employee needs in order to perform their job and not on the disability itself. The employee is often the best person to ask when trying to come up with appropriate accommodations as they know best where the difficulty is and may already have ideas. It can also be beneficial to take the abilities and strengths of individual employees into consideration when assigning job duties.
Monitoring Accommodation Effectiveness
It is important that the employer and the employee work together when implementing an accommodation. The employee best understands their disability and what they need to perform their job. The employer best understands the business and what impacts certain accommodations might have. Ultimately, the employer has final say in how they will accommodate their employees, but the accommodation must sufficiently resolve the issue. It is advised that all parties keep a clearly documented record of the process.
What Happens if Workplace Reasonable Accommodations are Denied?
Sometimes, when an employer denies an accommodation, the matter can be easily resolved. They may require medical confirmation or a more thorough explanation of how the employee’s work is impacted. It might be the specific accommodation requested is not possible, but an agreement can be reached for a comparable solution.
If a manager or supervisor denies an accommodation request, the employee may be able to take the matter to human resources. If the company has no HR department, higher ups such as a district manager or business owner may be the next step.
If the employee is a member of a union, grievances can be filed through their union rep. There may be other procedures for filing internal complaints as well.
If all else fails, it may be necessary to file an external complaint. Employees can contact the Equal Employment Opportunity Commission to file a claim for disability discrimination. It may also be necessary to speak with an employment lawyer.
Contact Mesriani Law Group if Reasonable Accommodations are Denied?
People with disabilities have the right to reasonable accommodations in the workplace. Employers are required to provide those accommodations unless they would cause undue hardship. Unfortunately, not all employers comply with ADA regulations and try to deny their employees accommodations. When this happens, legal action may be necessary. Our employment attorneys have the experience and dedication to help our clients through this stressful and difficult process. If your employer has denied your right to reasonable accommodations, call Mesriani Law Group today.
Workplace Reasonable Accommodation FAQs
What are examples of accommodation in workplace?
Some reasonable accommodation examples are: An office worker who has a vision impairment may ask for an extra lamp for their desk, a magnifying glass to help read paperwork, and screen reading software for their computer. An employee battling cancer may require a flexible schedule to allow for treatments and rest days. They may also need extra breaks or extended leave. A cashier with chronic pain may request to be permitted to sit while they work.
How do you explain reasonable accommodation?
The Americans with Disabilities Act defines a reasonable accommodation as any change made to the job itself, the workplace environment, or the procedures of the hiring process that allow a person with a disability a fair chance to get and perform a job as well as someone who does not have a disability. A reasonable accommodation should not cause undue hardship for the employer.
What is reasonable accommodation in HR?
A company’s human resources department is generally responsible for processing and fulfilling requests for reasonable accommodations. They may ask follow-up questions, request medical confirmation, and ensure that effective accommodations will be possible and affordable for the company.
How do I write a reasonable accommodation request?
An accommodation request should explain that you have a disability and because of that disability, you are unable to perform the essential functions of your job and are requesting an accommodation. You do not have to go into detail regarding personal medical information but be clear about where the issue is and how it can be resolved.
#California Employment Law#Workplace Accommodations#Disability Discrimination#Workplace Discrimination#Employment Law#Employment Laywers#California Attorneys#Americans with Disabilities Act
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