Americans with Disabilities Act (ADA)

According to the Americans with Disabilities Act (ADA), any individual with a recognized disability is entitled to certain protections and accommodations in the workplace. Once an individual discloses a disability, employers must provide “reasonable accommodations” that can include changes to the job application process, modifications to the worksite or performance of a job, and adjustments that allow an employee with a disability to enjoy the benefits and privileges of employment akin to their non-disabled coworkers.

To exercise ADA rights, an employee must file a medical certification to the Employer (HR or other confidential office, not your supervisor) explaining the disability and recommending specific accommodations. Talking to your supervisor or coworkers about your medical condition does not automatically trigger ADA rights.

Reasonable accommodations are still subject to employer approval and can be denied if they cause an “undue hardship” on the employer, meaning that they require a significant difficulty or expense. If an employer denies an accommodation for this reason, they are still required to provide another accommodation that does not cause undue hardship.

Please contact a Local 1036 staff member to discuss your ADA rights.