Failure to Accommodate

New York City ADA Lawyers 

People who have a physical impairment or disability still have the right to employment and the law requires that their employer make reasonable accommodations to allow them to perform their work. If an employer is not doing what the law requires under the Americans with Disabilities Act (ADA), then our New York City ADA lawyers can work with clients to look at legal remedies and the collection of damages. 

Brown Kwon & Lam believes that everyone should have legal counsel that is accessible, professional, and meticulous in performing their work. From our New York City office, that’s what we offer to people throughout Long Island, Westchester County, New York and New Jersey.

Call today at (212) 295-5828 or reach out here online to set up a consultation. 

What the ADA Requires

The Americans with Disabilities Act applies to all businesses with 15 or more employees. The scope of the legislation, enacted in 1990, is broad and deals with a wide range of accessibility issues. For our purposes here, the key provision is one that requires employers to make “reasonable accommodations” that allow someone with a physical impairment or disability to perform their job. 

What Are Reasonable Accommodations? 

Reasonable accommodations are something that is, at least to a certain extent, in the eye of the beholder. That’s where our New York City ADA attorneys may be a valued asset for those who have a claim. Through our experience, we’ve seen how real-world judges interpret reasonableness and how it gets applied. 

The key standard that will be looked at is that of undue hardship. That is, would the requested accommodation be an undue hardship on the operation of the business? Or would the denial of the accommodation constitute undue hardship in the life of an employee? 

An employer may be reasonable expected to adjust work schedules if that’s what it takes to allow someone with a physical impairment to perform their job duties. It’s possible that assistive technologies or changing job descriptions may also, depending on the circumstances, be considered a reasonable accommodation to an employee. 

Contact Brown Kwon & Lam by calling (212) 295-5828 or by filling out our online contact form, and arrange for a consultation. 

Every situation has its own nuance. For example, a larger business, with a lot of resources, has more they can invest into technology that allow someone with a physical impairment to keep working. What’s reasonable for this hypothetical business may be less reasonable for a smaller firm operating on a razor-thin profit margin. 

The altering of job descriptions also depends on circumstances. A business would not be expected to change the job description in such a way that risked subpar work in an area that is vital to the company. It’s the job of a New York City ADA lawyer to show that any requested change in duties can be done without risking important company operations. 

Fighting for the Results You Deserve

Gainful employment is a fundamental part of human dignity, and when that is compromised, the victim has the right to sue for lost wages, emotional distress ,and other financial damages. But proving the employer failed to accommodate requires diligent legal research combined with vigorous advocacy for the rights of the client. 

Brown Kwon & Lam brings our experience, our work ethic, and our passion for justice to each and every client we serve. 

Call the office today at (212) 295-5828 or contact us here online to set up a consultation. 

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