Do Not Let a Lack of Communication Bar Your ADA Claim

The Americans with Disabilities Act requires employers to make reasonable accommodations for employees in the workplace. When a reasonable accommodation can be made, it should be applied to any portion of employment where it is needed. This could include the job tasks or even the pre-employment interview.

Upon landing an interview, many employers will ask potential interviewees if they will need any sort of accommodation and will then give instructions for how to request the accommodation. It is important to take the steps outlined to make your request. However, the process does not end with the request.

Employers are required to make a reasonable accommodation, however that does not always include the exact accommodation you requested. If an alternative is presented, you should evaluate the proposed process and see if it will work. If, after consideration or even testing, you determine the alternate accommodation is not sufficient, you should communicate any issues to the employer.

While most employers have a process in place to meet the needs of potential or current employees, every situation is unique. Keeping an open line of communication between you and the employer is important to ensure that all possible solutions have been explored.

Finding the perfect solution to each situation requires a give-and-take from employers and employees. Having a lack of communication from the employer could set up a complaint for discrimination but the same lack of communication from the employee could bar a complaint. Courts have noted that where an accommodation need is not communicated by the employee, the employer may not be held liable.

Be sure to voice your concerns or needs. If you believe your requested accommodation has been ignored, you should contact an attorney at Humble Law today.

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