Do you suffer from a disability and need a reasonable accommodation from your employer in order to fulfill the essential functions of your role? Has your employer denied a request for such an accommodation or mistreated you for making such a request?
Call today for a free consultation -- the Law Office of Jeffrey J. Kmoch may be able to help.
Workers living with a physical or mental disability are entitled to reasonable accommodations from their employers that allow them to fulfill the essential functions of their roles.
The federal Americans with Disabilities Act (ADA) and the Illinois Human Rights Act (IHRA) both require employers make reasonable accommodations for qualified employees or applicants for employment living with disabilities so that they are able to enjoy equal employment opportunities. In general, when an employee or applicant for employment makes a request for a workplace accommodation, the employer must engage in an interactive process to attempt to identify what barriers exist to that individual’s ability to perform the job and to come up with a reasonable solution to remove those barriers.
Common workplace accommodations include changes to work schedules, longer or more frequent rest breaks, seating and equipment adjustments, building accessibility modifications, assistance with manual labor or lifting, reassignment to other roles, and additional time off.
These laws also prohibit employers from retaliating against employees who request accommodations. Retaliation can take many forms, including termination, discipline, harassment, or unjustified performance reviews or references.
Employees living with disabilities should also be aware of laws prohibiting discrimination on the basis of disabilities and providing for protected medical leaves of absence under the Family Medical Leave Act.
Attorney Jeffrey Kmoch has experience litigating and counseling on ADA workplace accommodations. If you believe you need an ADA accommodation, have been denied such an accommodation, or believe you have been mistreated by your employer in connection with a request for such an accommodation, call today for a free consultation.
Statutes of limitations and deadlines to file administrative agency charges apply to claims related to workplace accommodations, so time may be of the essence.