Reasonable Accommodations Are for Job Candidates, Too

Some legal protections for workers only take effect after the employee has been working for the employer for a certain amount of time.  For example, some jobs have a probationary period before the worker’s contract period begins.  Likewise, the federal Family and Medical Leave Act (FMLA) only requires employers to grant an unpaid leave of absence from work for medical or family caregiving reasons to employees who have worked 1,250 hours in the 12 months prior to the start of leave.  By contrast, the Americans With Disabilities Act (ADA) of 1990 requires employers to make reasonable accommodations for employees who have disabilities and who request accommodations from the beginning.  The employer must begin negotiating with the employee to find a reasonable accommodation as soon as he or she discloses a disability and a need for accommodation.  This process can begin on the employee’s first day on the job or even sooner.  The ADA even requires employers to provide accommodations for job candidates during their training, onboarding, and screening process.  If an employer withdrew your job offer after you disclosed your disability, contact a Los Angeles discrimination and harassment lawyer.

Deaf IT Professional Sues Hotel Booking Company for Terminating His Candidacy

A cloud-based hotel booking software company agreed in December 2023 to pay a $150,000 settlement to a Deaf man who alleged that the employer unjustly and illegally terminated his candidacy when he disclosed his disability and requested reasonable accommodations.  The plaintiff applied for an IT administration position with the company; it was a remote role.  He made it through the first few stages of the screening process.  When it came time for a phone interview, the plaintiff disclosed that he is Deaf and uses American Sign Language (ASL) for in-person communication.  He requested an accommodation; news sources did not indicate what the accommodation was, but possible accommodations for a scenario like this would be holding the interview by email or text message instead of audio only, or else conducting the interview as a video conference with an ASL interpreter in attendance.

Upon receiving the request, the employer withdrew the applicant’s candidacy for the job.  It claimed that hearing and oral communication were essential functions of the job, and there was no way to get around them with accommodations.  The law allows employers to refuse to hire candidates with disabilities if the candidate cannot perform an essential function of the job even with reasonable accommodations.  In his lawsuit, the plaintiff alleged that the job posting did not say that hearing and oral speech were essential requirements for the job.  Like most employment discrimination claims, this case resulted in the plaintiff receiving a settlement from the employer without the case going to trial.

Speak With a Los Angeles Employment Discrimination Lawyer

A Los Angeles employment discrimination and retaliation lawyer can help you if your employer refused to make reasonable accommodations for your disability.  Contact Litigation, P.C. in Redondo Beach, California to discuss your situation or call (424)284-2401.

Source:

shrm.org/topics-tools/employment-law-compliance/disability-accommodation-two-cases