Many people with disabilities are unable to perform the same duties at their job that they were before. Some disabilities, like degenerative brain diseases, become worse over time and require continuous work adjustments until early retirement. Adjustments made at work are called reasonable accommodations, which are established with your supervisor.
However, there are certain criteria that need to be met before accommodations can be made. If you experience unfair treatment, a Pennsylvania Disability Lawyer may be able to help you obtain the disability benefits you need.
Reasonable accommodations are changes that can be enforced during the hiring process, obligations of the job position, or the workplace environment itself. These accommodations are called reasonable because they are limited; accommodations cannot be made if the company will face undue hardship as a result. This is another way of saying that any accommodations that threaten the success of the company do not have to be made.
Specific examples of accommodations are job task changes, allowing a flexible work schedule, or reserving a parking space that is closer to the job location. The first step in the accommodation process is to set a meeting with your supervisor to discuss your disability and what limitations your disability causes you. Your supervisor will be responsible for making the changes happen and may ask you for evidence, like a copy of your medical records with an official diagnosis.
The Americans with Disabilities Act (ADA) defines a disability as a physical or mental impairment that substantially limits one or more major life activity/activities. Accommodations are enforced by the ADA for employers who have 15 or more employees. There are also certain criteria that need to be met in order for you to be eligible for reasonable accommodations. You need evidence of a disability, usually in the form of medical documents, and the accommodations you seek need to correlate with your limitations.
For example, someone who is in a wheelchair would be entitled to closer parking, but someone who is deaf may not have the same immediate need for closer parking. There are also some disabilities that fall into a grey area and become debatable. Some people think migraines are not a legitimate disability. However, people with migraine disorders tend to suffer migraine triggers from excessive stress, bright lights, and loud noises.
Migraine triggers can be accommodated with simple changes in the workplace, like being allowed to wear sunglasses in the office, working in a room away from any noise, being allowed to wear headphones, or working from home. Office positions are especially easier to transfer to a remote job position than many other jobs out there.
Not everyone with a disability is offered fair accommodations at work. Some workplaces overlook worker disabilities or offer reasonable accommodations that do not cover all of your needs. Call Edelstein & Nelson at (800) 300-0909 to talk to a Pennsylvania Disability lawyer. We will investigate your situation and collect the evidence you need to obtain the reasonable accommodations you deserve.