A key aspect of the Americans with Disabilities Act is the fact that employers need to grant reasonable accommodations to employees with disabilities. In order to eliminate artificial barriers to employment, employers must work with disabled employees to provide things that may be necessary such as a restructuring of duties, tools for the job, a job-protected leave, a modified work schedule or a reassignment, for example. When employers fail to abide by the law and provide accommodations, there may be consequences.
A three-judge panel of the 7th U.S. Circuit Court of Appeals handed down a decision recently that critics say upholds a precedent of the court while it runs counter to a U.S. Supreme Court decision. The case involves the Americans with Disabilities Act and the right of an employee who becomes disabled to a new position within the company. This is just one of many cases that discuss how far an employer must go to provide a reasonable accommodation under the ADA.
The popular chain pharmacy and convenience store Walgreens has been sued by a former worker for an alleged violation of the Americans with Disabilities Act. The former employee is diabetic and the former worker claims that Walgreens violated the Americans with Disabilities Act by not providing a reasonable accommodation concerning the worker's diabetes.
A police officer is claiming that her department did not make reasonable accommodations for her during her at-risk pregnancy. Now the department could be facing a lawsuit.
Imagine that you have been diagnosed with cancer. The stress from the diagnosis, the treatment time and the recovery is more than enough to handle. Among all of this, you also do not want to lose your job over the illness's treatment. You request the appropriate amount of medical leave and provide the needed documentation to your employer, and it is approved. It feels as if the concern over work has been addressed. Now imagine, you return from medical leave and your workplace informs you that your position no longer exists.