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Federal anti-discrimination laws, such as the Americans with Disabilities Act and the Rehabilitation Act, help ensure that individuals with disabilities have the same rights and opportunities at work as everyone else.

Both laws require employers to provide individuals with disabilities with reasonable accommodations if needed to perform the essential functions of their jobs. However, when a failure-to-accommodate claim gets litigated, the onus is on the employee to establish that they could perform their jobs, even with reasonable accommodations.

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One of the largest jury verdicts in recent memory for a claim of employment discrimination was a $25.6 million award to a white manager who alleged that her former employer fired her because of her race.

But these wins involving discrimination against the so-called “majority” are few and far between.

Just getting the case to trial is difficult. Continue reading

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A few months ago, I blogged about a lawsuit in which the U.S. Equal Employment Opportunity Commission alleged that an employer denied a deaf job applicant’s accommodation request and terminated his candidacy because verbal communication and hearing were job requirements for the position in a remote setting.

Late last month, that case settled for $150,000.

But writing a check is only the beginning for this employer. Continue reading

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“Eric, we have an employee who needed four weeks off for hip surgery. We provided it. After the surgery, they requested three more months off to have a second surgery. We provided it. Then, they experienced even more complications that required even more surgery, and their doctor told us they couldn’t work with or without accommodations for an additional three to six months. Do we have to accommodate this too?” Continue reading

“Doing What’s Right – Not Just What’s Legal”
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