Accommodating Employees with Disabilities

 Posted on June 21, 2024 in Employee Rights

Illinois law offers certain protections to employees with disabilities. You likely know that you are required to provide “reasonable accommodations” to employees whose disabilities allow them to perform their basic job duties as long as they have these accommodations. Determining what kinds of accommodations are reasonable can be complicated and is best left to an experienced Schaumburg, IL employment law attorney. There are numerous factors at play, including the size of your company, whether the accommodation is temporary or permanent, and the job performance of the employee in question. Your attorney can also help you begin gathering proof that you have made reasonable efforts to accommodate your employee in case you are accused of discrimination.

Reasonable and Unreasonable Accommodations

Disability accommodations are considered reasonable if they do not inflict undue hardship on the employer. For example, allowing an employee to take ten-minute breaks as needed to take prescription medications, check his blood sugar, or use the restroom will be considered reasonable in almost all circumstances. However, if your employee often works alone managing a storefront, allowing him to spontaneously close the store and leave several hours early a few times a month might not be reasonable, as this would cause you to lose substantial profits.

Factors that can influence whether a particular accommodation is considered reasonable for a particular employee can include: 

• Safety concerns - If the accommodation your employee needs would create a safety hazard, it is likely not reasonable. For example, if you run a warehouse where employees need to move around quickly, letting someone bring a walker that could create a tripping hazard for others might not be reasonable. 
• The size of your business - The smaller your company, the more you rely on each employee. While a large business, like a big box store, might not notice a tremendous difference if an employee needs to attend frequent doctor’s appointments, a very small store with only two or three employees would be strained by one worker’s frequent absences. 
• The duration of a disability - If your employee’s disability is only temporary, it might be easier to make short-term accommodations. 
• The cost of an accommodation - The financial cost of making an accommodation and how it would affect your business matters. Relatively inexpensive accommodations, like purchasing software that transcribes audio for an employee who is hard of hearing are probably reasonable. Installing an elevator in an old building to accommodate an employee who cannot climb stairs probably is not. 

Contact a Cook County, IL Employment Law Attorney

The Miller Law Firm, P.C. is skilled in helping employers avoid discrimination claims. Experienced Schaumburg, IL employment discrimination lawyer Richard Miller has a strong background in corporate law and holds an MBA in Finance. Contact us at 847-995-1205 for a complimentary consultation.