Can the Employee Do the Job?
Can you do the job? That is the only question that should concern an employer. But too often an employer will focus on the disability rather than the capability of an employee.
The employment law attorneys at Girardi | Keese know that many decisions in the workplace are made on the basis of an employer's perceptions rather than on the reality of an employee's abilities. That is disability discrimination.
A police lieutenant lost a promotion because of disability discrimination.
A police officer had suffered an injury and went through a period of recovery. When he applied for a captain's position, however, the old injury was used as an excuse to ignore his capabilities. The department did not ask if he could do the job; they made assumptions about the officer's capabilities based on no factual evidence.
We argued in court that the officer's opportunities should rise and fall based on what he can do. The jury agreed.
Employers are required to make reasonable accommodations.
The Americans with Disabilities Act (ADA) and state laws require that employers make reasonable accommodations for workers with disabilities. Some employers resist the accommodations required for ADA compliance. They see even the simplest of changes as an unreasonable request.
Most people our employment lawyers talk to want to work. They want the opportunity to use their talents. They do not want special privileges. They simply want reasonable accommodations to do their work.