Both Wisconsin employees as well as those persons seeking a job in the state may be interested in the requirements placed on employers in order to be in compliance with the Americans with Disabilities Act. The law uses the term ‘reasonable accommodation” when describing what an employer must do in order to facilitate someone with needs either applying for or performing a job.
The law’s requirements do not start with the employer. The employee must make sure that he or she lets the employer know about the limitation. In fact, often the employee can suggest the accommodation that will be most helpful to him or her being able to fulfill the requirements of a position. Since every condition is singular, each accommodation should be worked out on an individual basis.
Once the employer is aware of a disability and need for an accommodation, it is obligated to put one in place unless doing so would result in significant difficulty or expense to the enterprise. In parallel with the needed accommodation, each enterprise is evaluated individually to establish the appropriate threshold of expense or difficulty.
When an employer evaluates job performance of essential functions, the same standards can be used for those with and without limitations. After an adaptable disability is known and an employee believes that appropriate adjustments have not been made, job performance may suffer. A person who believes that he or she is facing on-the-job disability discrimination may want to consult an attorney to determine options available for correcting the situation and making sure the employee does not have to endure financial impairment.
Source: ADA Wisconsin Partnership, “ADA Frequently Asked Questions“, September 19, 2014
