Every disability is unique, and even people with the same disability are often faced with different setbacks. If your workplace is adopting a one-size-fits-all approach to your condition, they may not be ADA-compliant.
The Americans with Disabilities Act (ADA) is a law enacted to protect people with disabilities from being discriminated against. However, as the law has expanded and changed over time, several businesses may have failed to adapt their practices to change with it. If you are a worker with a disability and don’t feel that your employer is ADA-compliant, here are some signs that you might be right.
Your Boss is Making Assumptions
Disabilities can be both mental and physical, which means they aren’t always obvious. If you listed a disability on your job application that might impact your work, and your boss isn’t treating you according to ADA guidelines, you may be able to seek legal advice from a firm such as Bross. Your employer not taking your health problem seriously or viewing it as unimportant could signal a violation of your rights.
They Haven’t Followed the Official Government Process
Your employer isn’t required to go to extreme and expensive lengths to accommodate employees with disabilities. However, they must conform to all ADA requirements to protect customers and employees. Part of this process involves ensuring they have assessed your needs and determined the appropriate assistance measures. Failure to do so may mean that both former and current staff, alongside job applicants, can take up legal action.
Your Workplace Doesn’t Treat You as an Individual
Every disability is unique, and even people with the same disability are often faced with different setbacks. If your workplace is adopting a one-size-fits-all approach to your condition, they may not be ADA-compliant or aware of your rights. Rather than putting a standard set of practices into place to cater for a general disability, an employer may need to communicate with their team to accommodate their unique set of needs.
They Haven’t Factored in Digital Accessibility
While wheelchair ramps and other reasonable modifications put your employer in a desirable position to be ADA compliant, so does digital access. Under the Web Content Accessibility Guidelines, everything from job portals and social media profiles to the business website and software need to be ADA-compliant.
Fortunately, if your employer hasn’t made this a priority or doesn’t know how to comply, accessibility consulting experts can assist. If they fail to take all appropriate steps to comply, you are well within your rights to seek legal help.
They Haven’t Abided by the Family and Medical Leave Act
According to the Family and Medical Leave Act (FMLA), employees have the right to work leave under specific circumstances. This Act also means that businesses can’t terminate an employee when they miss work because of pregnancy or medical issues.
Employers must also carry out an ADA analysis after the FMLA leave period has ended to see if the employee can be transferred to another position to suit their specific circumstances resulting from their medical issue or pregnancy. If your employer has failed to follow these steps or others within the ADA, you may be entitled to seek legal assistance.
ADA compliance is about protecting those with disabilities from being discriminated against based on their disabilities. If you don’t feel your employer is ADA compliant or doing right by you based on the information above, it might be time to contact a disability lawyer or legal representative who can provide some guidance on what to do next.