If I am disabled, is my employer obligated to accommodate me?

By Douglas Lipsky

Your employer is not required to accommodate your disability. What your employer is required to do is engage in an interactive process with you to see what type of accommodation that they can provide you that will allow you to continue performing your jobs while not create an undue burden for the employer. For example, the law would not require a mom-and-pop to install an elevator to allow you to go from the first floor to the second floor. But the law would require that employer to provide you an ergonomic chair. That’s what’s necessary for you to perform the duties. The key is the interactive process. The employer and the employee need to discuss what the limitations are of your disability and work together to see if that limitation can be overcome through some type of accommodation.

About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.