Idaho Employment Law - Reasonable Accomodation

As an Employment Lawyer in Boise ID I regularly get calls about disabilities and reasonable accommodation in the workplace. Federal Law requires that all federal, state and local government employers, all private business with 15 or more employees and all church related offices with 15 or more employees comply with the Americans with Disabilities Act (ADA). The ADA states that when a disability exists in an employee the employer must make reasonable accommodations for the disabled individual. The only time an employer does not have to follow this requirement is if the accommodation is burdensome upon the business financially or the accommodation would change the nature and the character of the particular service.

Having practiced employment law in Boise ID for 17 years, I have seen many situations where miscommunication has led to either the employee being unable to prevail on a disability complaint or charges being brought against an employer. On the employee's side, communication of the disability is critical to the success of your claim against an employer. On the employer's side, once a disability is communicated, it is critical that it is determined what reasonable accommodation means to that particular employee. As an Employment Lawyer in Boise ID, I would advise both employees and employers to be very clear about what the disability is and what accommodation is reasonable.

Firstly, once a disability is communicated, the employer cannot simply presume they know what the accommodation should be. They should communicate with the employee as to what would enable them to do the job and to participate so that their handicap does not prevent them from doing their job. If relevant, they should also request that the employee contact their physician and have their input considered as well.

Secondly, what is reasonable accommodation according to the ADA? Certain accommodations are obvious, such as wheel chair ramps, handicap accessible office space and automatic door openers. If your disability is not obvious, the accommodation may also not be obvious. The ADA requires that the accommodation be reasonable in a subjective sense. So, for example, if you have an employee that has arthritis and is a cashier, you may have to provide them with a chair or provide them with different job responsibilities.

Employment law has come a long way in protecting the individual and allowing all people to participate in daily activities and employment. For more information about the ADA and the EEOC please visit http://www.lawboiseid.com or http://www.kershisniklaw.com