When it comes to employment and disabilities, there are things that an employer can and cannot do. Here are a few common situations.
Can an Employer Say “No” to My Accommodation Request?
Yes. Employers don’t have to provide an accommodation if it would create an “undue hardship” on the employer.
Once your employer knows about your need for an accommodation, they need to talk with you about what you need and what will work. Your employer does not have to provide the exact accommodation you asked for. The employer may choose a less expensive accommodation as long as it is appropriate and meets your needs.
Can an Employer Consider Health and Safety in Employment Decisions?
Yes. An employer can consider health and safety when deciding whether to hire or retain an employee with a disability. An employer may have qualification standards that exclude applicants and employees who pose a direct threat to their own health or to the safety of others in the workplace.
Can an Employer Ask Me About My Disability When I Apply For a Job?
Not specifically. Before hiring you, an employer can’t ask any questions about your disability. An employer may ask questions about your ability to perform specific job functions. They may, with certain limitations, ask you to describe or demonstrate how you would perform these functions.
An employer may not ask or require you to take a medical examination before offering you a job. An employer can say that the job offer requires a satisfactory result on a medical examination or medical inquiry that is done after the job offer is made. However, the employer can do this only if the same medical examination or inquiry is required of all new employees in the same job category.
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