The Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified employees who are disabled or perceived to be disabled. A disabled employee must be able to perform the essential functions of their job with or without accommodation. Employers must engage in an interactive process with a qualified employee to determine if a reasonable accommodation can be made for the disabled employee to allow him or her to perform the essential functions of the job unless the accommodation is unduly burdensome to the employer.
We have experience in assisting employers identify whether an employee is “qualified” under the act and whether a reasonable accommodation can be made that is not unduly burdensome. Our attorneys often help guide employers through the interactive process to insure compliance with the ADA to avoid litigation and to defend against allegations of disability discrimination including failure to hire or promote, adverse discipline, termination and constructive discharge.
Questions? Please contact us at (727) 821-2080.