What Steps Should Missouri Employers Take to Accommodate Employees With Disabilities?

What Laws Protect Disabled Employees?

The federal Americans with Disabilities Act of 1990, or ADA, mandates that employers cannot treat employees or applicants unfavorably due to a disability and requires that they provide reasonable accommodation to such employees or applicants.

At the state level, the Missouri Human Rights Act requires employers to make reasonable accommodations for known disabilities of an applicant or employee. Further, it defines an individual with a disability as a person who:

• Has a physical or mental impairment that significantly affects or limits major life activity
• Is regarded as having such an impairment
• Has a record of having such an impairment

What is a Reasonable Accommodation?

A reasonable accommodation is any type of change or adjustment to the essential job functions, established work environment, or use of assistive technology that allows a disabled employee to have an equal opportunity to perform important job duties, meet employment standards, or enjoy the same benefits of employment as other employees without a disability.

A key aspect of reasonable accommodations is that the accommodation cannot create an undue hardship for the employer, meaning that it can be implemented without too much difficulty or expense. Accommodations cannot remove an essential job function or lower production standards.

Examples of reasonable accommodations include:

• Ensuring a ramp or elevators are accessible
• Restructuring large assignments by separating them into smaller tasks
• Modifying work schedules that allow for longer breaks
• Supplying qualified sign-language interpreters when needed
• Offering an adjustable desk to enable an employee to sit or stand
• Allowing time off work for doctor appointments, medical treatment (such as surgery or other treatment), and/or recovery

What are the Responsibilities of an Employer?

After an accommodation is requested and approved, an employer must grant it. If it is too difficult or too expensive to obtain, it is considered an undue hardship on the employer, and the employer can deny the request.

An employer cannot deny a request because it involves some cost. Additionally, an employer cannot deny an accommodation by claiming it is an undue hardship on the basis of other employees’ or customers’ fears or prejudices regarding the disability. An employer can also not claim undue hardship because of a possible negative impact on the morale of other employees.

How Can an Accommodation be Requested?

When an employee decides to request an accommodation, they or their representative must let the employer know that an adjustment or change at work is needed for a reason related to a medical condition. There is no need to mention ADA or use any keywords such as “reasonable accommodation.”

Requests are not required to be made in writing but can be made face-to-face or using any other method of communication. However, it may prove to be in the employee’s best interest to submit a request in writing so there is evidence of submission. Following the initial request, an employer will then decide if the medical reason for the accommodation fits the definition of a disability.

There is no specified timeframe for an employer to respond to an accommodation request, but they should respond as quickly as possible. Unnecessary delays in responding or implementing can be a violation of the ADA.

Does an Employee Always Have to Request the Accommodation?

It is the responsibility of the employee to request an accommodation when they realize that their job functions and productivity are suffering or more difficult than necessary due to a disability. However, there are certain rare situations when an employer may ask the employee if an accommodation is needed. When a mental disability limits the employee’s ability to gauge the impact of their noticeable behavior, then the employer may initiate the accommodation conversation.

What is Considered as Discrimination by an Employer?

Many actions can qualify as discriminatory when dealing with disabled individuals. Qualified employees with disabilities are protected from discrimination in hiring, promotion, discharge, pay, job training, fringe benefits, classification, referral, and other aspects of employment. Missouri State law considers it unlawful for an employer to use a person’s disability to:

• Refuse to interview, hire, or promote
• To discharge or demote
• To withhold pay or terms, privileges, or conditions of employment due
• To refuse to provide reasonable accommodations to known disabilities

Are Disabled Employees Protected Against Retaliation?

Under the ADA, it is unlawful for employers to retaliate against employees with disabilities. Retaliation is when an employer takes negative employment action against a person because they are asserting their rights as a disabled employee. A negative employment action is anything that may be done to stop an individual from asserting their rights under the ADA, such as:

• Not being hired or promoted
• Being fired or demoted
• Being suspended or disciplined
• Being harassed or subject to increased scrutiny
• Transfer to a less desirable position
• Given a negative evaluation

Protected activity where an employee asserts their rights under the ADA include:

• Requesting a reasonable accommodation
• Filing a charge regarding disability with the Equal Employment Opportunity Commission
• Filing a complaint to human resources or complaining informally to an employer about discrimination
• Filing a lawsuit about disability discrimination
• Participating as a witness in a charge of discrimination, investigation, or lawsuit regarding disability discrimination
• Refusing to take actions that would be seen as disability discrimination

Do I Need an Attorney?

If you or a loved one are a disabled worker and believe that your rights are being ignored or discriminated against, call Riggan Law Firm today at 314-528-9661 or fill out a contact form for a consultation.