In general, once an employer knows about a disability, even a temporary disability, it has an affirmative duty to meet with the disabled employee to discuss possible accommodations given the employee’s limitations and job duties. This is called “the good faith interactive process.” If an employer does not engage in the good faith interactive process or does not reasonably accommodate a disabled employee, the employer may be liable for any harm it causes.
Many times, employers do not feel they must follow the law, often leading to disabled employees being illegally terminated or making their injuries worse.
Sometimes a reasonable accommodation could be something as simple as allowing an employee to take medical leave for a period of time to recuperate, or simply following an employee’s doctor’s restrictions.
If you believe your employer has discriminated against you because of your disability, contact Milon Pluas LLP for a free consultation.
