Under the Americans with Disabilities Act of 1990 (ADA), and Rehabilitation Act of 1973, Federal Agencies are required to provide employees considered to be qualified individuals with disabilities with reasonable accommodations (RA) to enable that individual with a disability the ability to enjoy equal employment opportunities with the employer.
Any modification or adjustment to how and when a job is performed can be considered a reasonable accommodation. The first step to get an accommodation is to inform your employer that an accommodation is needed. Once an employer is made aware of an employee’s need for an accommodation in connection with their disability, the employer has a duty to provide the reasonable accommodation unless doing so would cause an “undue hardship” to the employer. Undue Hardship usually means a significant difficulty or expense and focuses on the resources and circumstances of the entire federal agency in relationship to the cost or difficulty of providing a specific accommodation.
The duty to provide reasonable accommodations is a fundamental requirement under federal law. If you are an individual with a disability and your employing federal agency has failed to grant or provide you with the reasonable accommodation you requested, you may be entitled to protections under the ADA and EEOC laws. Please contact us at Solomon, Maharaj & Kasimati, P.A. to discuss how we can assist you.