Archives for December 2020

Is There a Price Limit To Reasonable Accommodation For Disabilities?

Employees with disabilities are afforded a number of rights and protections thanks to the Americans with Disabilities Act (ADA) and other legislation at the federal and state levels. Among the most important protections these employees have is the right to request reasonable accommodation when they require assistance to fulfill essential functions in their roles at work.

Conditions where disability accommodation may be required include: (1) a physical or mental disability; (2) medical condition, or (3) pregnancy.

Reasonable accommodation can include the following and more:

  • Reserving a parking spot near the worksite entrance (if handicapped parking is full or unavailable)
  • Adjusting how an office space is laid out to accommodate wheelchairs and other mobility aids
  • Special software that compensates for blindness, deafness, or other sensory disabilities
  • Special furniture intended to accommodate a disability
  • Swapping non-essential duties with a coworker if they are too burdensome for the disabled employee to perform
  • Increasing the frequency or duration of a disabled employee’s breaks
  • Establishing an alternative work schedule to accommodate matters related to the employee’s disability

The circumstances under which an employer can successfully deny a reasonable accommodation request are typically very limited. Employees, however, must make their employers aware of their disability and need for reasonable accommodation in order to request it. In most cases, employers are typically obligated to comply or work with an employee to establish mutually aggregable arrangements.

What Does Reasonable Accommodation Typically Cost?

Many types of reasonable accommodation cost employers nothing to implement, while others can cost hundreds or even thousands of dollars. Despite this wide discrepancy, or perhaps because of it,Ā there is no established limit to what reasonable accommodation can cost.

TheĀ Job Accommodation Network (JAN), however, cites thatĀ nearly 56 percent of employersĀ reported that reasonable accommodation was implemented without cost. Around 39 percent of employers said accommodation was a one-time cost, the median of which was about $500. Interestingly, these same employers indicated that the cost of accommodation for an employee exceeded the typical expenditures for an employee without a disability by a nearly negligible amount (about $20 more).

Because most accommodation can be implemented at either no cost or for reasonably low costs, employers who attempt to deny reasonable accommodation must have a strong argument for doing so. Ultimately, this means they must prove that accommodating an employee’s disability presents undue hardship on the whole company – and it can beĀ veryĀ difficult to do so.

Employees with disabilities should feel empowered to make their needs known to their employers, which are typically obligated to comply with nearly any reasonable accommodation request. Those employers that fail to do so – and especially without proving substantial hardship – may be named in a disability discrimination lawsuit and liable for damages.

Do You Need Legal Assistance?

If your request for reasonable accommodation was denied by your employer, reach out to Haeggquist & Eck, LLP for help. Our attorneys represent employee clients in a wide range ofĀ employment lawĀ disputes, including those involving disabilityĀ discrimination. We can provide the legal representation you need to achieve the best possible outcome by confronting your employer with legal action.

Learn more about what Haeggquist & Eck, LLP can do for you by scheduling a free initial consultation with our attorneys. Get in touch with usĀ onlineĀ or by callingĀ (619) 342-8000Ā today!

How Women in Tech Can Fight Against Harassment From Bosses & Investors

For decades, the tech industry has been a male-dominated arena with systematic sexism that has been allowed to persist relatively unchecked. Some strides toward equal treatment for all employees in this field have been made in recent years, butĀ a recent surveyĀ from the nonprofit organization Women Who Tech demonstrates there’s much more to be done.

In a survey of more than 1,000 tech industry employees, founders and investors, Women Who Tech found that 70% of women in the tech industry stated they were treated differently than men at work.

Here are some key insights about Harassment of Female Tech Employees uncovered by Women Who Tech’s recent survey:

  • 48 percent of women employees experienced harassment, compared to 11 percent of men
  • 43 percent of employees who said they were harassed were sexually harassed – 18 percent of these respondents said they were offered a promotion in exchange for sex
  • 45 percent of women employees reported harassment; as many as 67 percent said they didn’t trust how their company would handle allegations of harassment
  • 44 percent of women founders said they have experienced harassment
  • 41 percent of women founders who were harassed said they experienced sexual harassment
  • 40 percent of women founders said they were harassed by an investor, 59 percent of this amount reported quid pro quo sexual harassment

What Can Women in Tech Do if they Experience Discrimination or Harassment?

As employment law attorneys, perhaps one of the most troubling statistics for us is that 67 percent of women in the 2020 survey said they didn’t trust how their company would handle harassment allegations if they came forward.

We understand that someone’s willingness to report harassment and unfair treatment often depends on what they expect to come of it.

By engaging with an employment law attorney, you can have a legal advocate at your side to walk you through the reporting process. Your company is required to address your allegations promptly and take action if there is sufficient evidence that mistreatment is taking place

If you have been discriminated against, treated unfairly, harassed or sexually harassed by your employer or an investor, we encourage you to reach out to Haeggquist & Eck, LLP to schedule a free initial consultation.

Get in touch with us today byĀ reaching out onlineĀ or by callingĀ (619) 342-8000Ā to reach someone at our office who can help.

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