What legal requirements must be met by businesses in Pennsylvania when it comes to providing accommodations for employees with disabilities?
Under Pennsylvania law, businesses are required to provide reasonable accommodations to employees with disabilities. This requirement is established under the Pennsylvania Human Relations Act (PHRA) and the Americans with Disabilities Act (ADA).
Reasonable accommodations are modifications or adjustments made to the job or work environment to allow an employee with a disability to perform their job duties. These accommodations must be provided unless the accommodations would impose an undue hardship on the employer.
Examples of reasonable accommodations may include:
- Making physical changes to the work environment, such as installing wheelchair ramps or modifying workstations
- Providing assistive technology or software to help an employee with a disability perform their job
- Modifying work schedules or duties to allow an employee to attend medical appointments or take medication
- Providing qualified interpreters or note-takers for employees who are deaf or hard of hearing
Pennsylvania law requires that employees with disabilities request reasonable accommodations from their employer. Once an employee requests an accommodation, the employer is required to engage in an interactive process to determine what accommodations are necessary and appropriate.
If an employer fails to provide reasonable accommodations, an employee with a disability may file a complaint with the Pennsylvania Human Relations Commission (PHRC) or file a lawsuit under the ADA.
It is important to note that there may be limitations or exceptions to the requirement to provide reasonable accommodations. For example, if an accommodation would cause an undue hardship on the employer, the employer is not required to provide that accommodation. Determining what constitutes an undue hardship is a fact-specific inquiry that depends on the circumstances of each case.
Additionally, smaller employers may be exempt from the requirement to provide reasonable accommodations under certain circumstances.
If an employee with a disability believes they have been discriminated against or denied reasonable accommodations, they should consider speaking with an attorney who is experienced in disability law to discuss their options for legal action.