Are you a disabled job applicant or employee? You may be entitled to receive a disability accommodation that allows you to perform a job. Workplace disability law can be complex and confusing. You may have questions about your rights and your options. Here, our Las Vegas disability discrimination lawyers provide a guide to navigating disability accommodations in the workplace in Nevada.
Millions of American workers suffer from some sort of disability. In legal terms, a disability is defined as any “physical or mental impairment that substantially limits one or more major life activities.” The Americans with Disabilities Act (ADA) and Nevada state law require most employers to make “reasonable accommodations” for an employee with a disability who requests one.
What an employee considers “reasonable,” however, is often not what the employer considers reasonable. Whether an accommodation is reasonable for ADA purposes will depend on the particular facts and circumstances surrounding an employee and their disability.
Your ADA Rights During the Job Interview Process
The ADA protects “qualified employees” with disabilities. It also protects qualified job applicants. In this context, “qualified” means that the employee or job applicant possesses the necessary skill, experience, and education to perform the essential functions of a given job even without any accommodation for their disability.
The ADA forbids employers from asking any disability-related questions, or requesting any disability-related medical examinations, during an initial interview process. In simple terms, a prospective employer cannot ask you if you have a disability. Nor are you required to disclose any disability you have when filling out a job application. If the prospective employer extends a valid job offer, however, they are allowed to ask disability-related questions or require a medical examination, provided such requirements apply to all entering employees in the same job category.
This leads to an obvious question: Can the employer rescind the job offer if the applicant discloses a disability? The answer is, “It depends.” Discrimination in hiring based on a disability is illegal. However, the employer can try to argue the offer was rescinded for other, non-discriminatory reasons, such as that the medical examination revealed the applicant would not be able to perform the essential duties of the job.
Know the Law: Federal and State Workplace Disability Accommodation Laws
There are federal and state workplace regulations in place that protect employees in Las Vegas or elsewhere in Nevada against disability discrimination while on the job. Failure to provide adequate disability accommodation could be a discriminatory practice by an employer under the law. Here are the key things to know about the statutes:
- Federal Law: The Americans With Disabilities Act (ADA) mandates that employers with 15 or more employees provide reasonable accommodations for individuals with disabilities—provided these accommodations do not cause significant difficulty or expense to the employer. Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities.
- State Law: The Nevada Equal Rights Commission (NERC) explains that state law also bars disability discrimination in the workplace. Nevada statutes for disability accommodations in the workplace also apply to businesses and organizations with 15 or more employees.
Examples of Disability Accommodations in the Workplace
What is a reasonable accommodation? For a disabled employee, a reasonable accommodation (disability accommodation) is any adjustment to the workplace or to due duties/job requirements that modifies things to allow a disabled worker who meets core qualifications to perform. Disability accommodations vary based on individual needs. Indeed, they can come in a wide range of different forms. Some of the most common examples of disability accommodations include:
- Modified Work Schedules: Examples include adjusting arrival or departure times, providing periodic breaks, or allowing flexible hours to accommodate appointments.
- Physical Modifications: Examples include installing ramps, modifying restrooms, or providing ergonomic furniture tailored to specific physical needs.
- Technology and Equipment: Examples include implementing speech-to-text software, providing hearing aids, or customizing computer equipment or desks.
- Job Restructuring: Examples include redistributing marginal job functions, altering when or how essential functions are completed, or changing supervisory methods. These accommodations are negotiated based on the specific needs of the worker.
What You Need to Be Eligible for a Disability Accommodation
How do you qualify to get a disability accommodation in Nevada? If an employer has 15 or more employees, they are required to engage in a good faith interactive effort to help a worker find an effective disability accommodation. Here are key requirements to be eligible to receive one:
- Have Medically Determinable Disability: You must be disabled for the purposes of the ADA and/or Nevada law. Indeed, to be eligible for accommodation, you must have a disability that is medically determinable. The impairment must be documented by a healthcare provider and must significantly limit one or more of your major life activities.
- Meet Essential Functions of Job: The disability accommodation that you need cannot undermine the essential functions of the job position. Essential functions are the fundamental job duties of the employment position you hold. An employer is not required to remove essential functions as an accommodation
- Not Pose Undue Burden On Employer: Finally, the law does not require an employer to provide any disability accommodation that poses an undue burden. An accommodation is not considered reasonable if it imposes an undue hardship on the operation of the business.
Handling Requests for Reasonable Accommodations
Nevada employers should develop and enforce a policy for handling requests for reasonable accommodation, both from current employees as well as job applicants. The ADA does not mandate such policies. But it is considered a best practice.
At the same time, an employer should not implement a “blanket” policy defining what is–or is not–considered a reasonable accommodation. Indeed, such a blanket policy would likely violate the ADA. The whole point of the reasonable accommodation requirement is to ensure that the employer addresses such requests on an individual basis.
So what should an employer’s policy include? Here are a few examples:
- Recognizing when a request is made. The ADA does not require an employee to use the exact words “reasonable accommodation” to initiate a request. It may be something as simple as an employee telling their supervisor they are having difficulty completing their work due to a medical issue. Employers therefore need to be proactive in training supervisors to recognize when an employee is making a potential request for a disability accommodation.
- Deciding who will handle a request. Many employers direct disability accommodation requests to their human resources department. Regardless, the employer should identify who will handle such requests. Managers must then be trained to direct any of their employees who initiate a request to speak to that person or department.
- Asking about accommodations. If the employer already knows that an employee has a disability, they can ask if the employee needs reasonable accommodation if there is a reasonable belief it might be necessary.
- Engaging in an informal process. Once an employer receives a request for a reasonable accommodation, both sides should meet and discuss the request. The employer is allowed to ask questions about the nature of the employee’s disability and their functional limitations. Ideally, everyone can reach an informal agreement on what steps to take next.
- Identifying a reasonable accommodation. If there is more than one accommodation option, the employee can state a preference, which should be given first consideration. However, the employer is allowed to make the final decision. Keep in mind that an accommodation is not considered “reasonable” under the ADA if it removes an essential job function, creates a new job, or requires the employer to provide personal need items to the employee.
How to Request a Workplace Disability Accommodation in Nevada
How do you go about requesting a reasonable accommodation as a disabled employee or a disabled job applicant in Nevada? It is best to take a proactive approach. Here are some of the specific steps that you should take to get your disability accommodation:
- Provide Notification: Be sure to inform your employer of your disability and the need for accommodation. The notification does not need to be in writing, but documenting the request can be helpful.
- Submit Documentation: Provide documentation from a medical professional that outlines your disability and the recommended accommodations. You will usually need supporting medical records to get disability accommodation.
- Engage in Discussion: Always be ready to engage in an interactive process with your employer. Your employer may discuss the request with you to determine the most appropriate accommodation. They are allowed to propose alternative accommodations.
- Implementation: If your request is reasonable and does not impose an undue hardship, your employer should implement the accommodation. Otherwise, they need to keep looking for the best way to accommodate your disability.
An employer’s duty to provide reasonable accommodation under the ADA is not merely an option. Employers that fail to properly accommodate a worker for his or her disability could be engaging in a discriminatory practice. They can be held liable through a failure to accommodate legal claim.
How Our Las Vegas Disability Discrimination Lawyers Can Help
Navigating a disability accommodation issue is complicated. It is normal to have a ton of questions about your rights and your options. At Ace Law Group, we are committed to putting the rights and the interests of employees first. Our history of verdicts and settlements in complex employment law matters tell the story. We are here to help you seek the disability accommodation(s) that you need to enjoy fair and equitable opportunities in the workplace. If you were denied accommodation for your disability, you may have a legal claim for compensation. Our team can help.
Contact Our Las Disability Accommodation Attorney Today
At Ace Law Group, our Las Vegas disability accommodation lawyers are skilled, experienced, and solutions-focused advocates for employees. If you have any specific questions or concerns about disability accommodations, we are here to help. Call us today at 702-333-4223 or contact us online to schedule a free initial consultation. From our office in Las Vegas, we represent employees in disability accommodation cases in Clark County and throughout all of Southern Nevada.