Using flexible policies to avoid disability discrimination claims is an excellent way to reduce the risk of lawsuits. Companies with strict rules can easily find themselves in trouble, as Walmart recently did when it failed to accommodate a disabled employee. This lawsuit was ultimately unsuccessful, but it shows the importance of flexible policies. Make sure that employees are aware of what types of accommodations are allowed and what are the limits of such policies.
In addition to understanding the laws regarding the ADA, it is also important to understand the obligations of employers. According to the ADA, an employer must provide reasonable accommodations for employees with disabilities. Failure to comply with these regulations could result in a lawsuit. To avoid a disability discrimination lawsuit, employers should make sure to engage employees in the process and communicate their needs clearly. It is also important to understand that an employer is only required to make accommodations if they are able to prove that it isn’t an undue hardship.
Failure to address the issue of disability in the workplace can have devastating consequences for the employee. Discrimination can delay or even prevent a person from pursuing a career. If you are facing the threat of retaliation, it is vital to work with an employment discrimination lawyer who is experienced in the legal process. The Wilshire Law Firm has been helping disabled employees for years and has obtained millions of dollars in settlements.
Employers must provide reasonable accommodations when screening candidates for employment. If you are using hiring software, be sure to provide applicants with a notice that explains reasonable accommodations for persons with disabilities. In addition, make sure that applicants know their request for accommodations won’t affect their chances of being hired. This notice may come from the employer, the vendor who makes the software, or both.
While employers may be tempted to use an ADMT created by an external vendor, they should be careful and ensure that it meets ADA guidelines. While using an ADMT developed by an outside vendor does not shield an employer from liability, it does protect the employer from being sued for a disability-related discrimination claim.
Employers should also be aware of new employees with disabilities and be supportive of their needs. They should never dismiss staff without proper consideration. If the employee is dismissed, they should seek professional advice before dismissing them. It is important to follow all legal requirements in regard to employee complaints and disputes. Also, if the discrimination was based on a disability, the employer should arrange a full review hearing.
Employers should be careful not to hire people with criminal records. These people may say they’re changed, but they have a history of committing crimes. Despite the best intentions, it’s important to ensure that companies are protected from potential disability discrimination claims.
