Business owners and Human Resources professionals frequently encounter questions about disability rights in the workplace. This article busts some common myths about disability rights to help you keep your workplace accessible and legally compliant.
Myth #1: The Americans with Disabilities Act is the only law protecting employees with medical issues.
The legal landscape regarding employees with medical issues is complex, including state and federal laws applicable to different sets of employers and imposing different requirements. Some of these laws include the Connecticut and federal Family and Medical Leave Acts, Connecticut Paid Family Leave, Workers’ Compensation, the Americans with Disabilities Act (“ADA”), the Connecticut Fair Employment Practices Act, and the Connecticut Paid Sick Leave Law. We provide training programs in these areas to help employers of all kinds navigate employee medical issues with skill and care.
Myth #2: Being “disabled” legally means you can’t work, so we don’t need to employ people with disabilities.
This confusion comes from the fact that different laws use different definitions. If someone is applying for Social Security Disability benefits, that person must prove “disability” by showing an inability to do any substantial gainful activity due to a physical or mental impairment. By contrast, the ADA applies to protect “a qualified individual with a disability,” which means a person who meets the employer’s qualification requirements for the job and can perform the essential job functions with or without a reasonable accommodation. The ADA, along with the corresponding Connecticut law, protects individuals with disabilities from discrimination in the workplace and requires employers to make reasonable accommodations to allow applicants and employees with disabilities to have equal employment opportunities.
Myth #3: Applicants need to disclose their disability or need for reasonable accommodations before they are hired – otherwise, they are lying by omission.
Some employers report feeling misled when they hire an individual who subsequently requires an accommodation, whether for disability, pregnancy, or religion. However, employees are under no obligation to report this information prior to hire and employers are prohibited from taking these statuses or their potential accommodation requirements into account, provided the employee is otherwise qualified, does not pose a direct threat, and has not sought an accommodation that would constitute an undue hardship. Under the ADA, employers may not make disability-related inquiries or require medical examinations until a conditional job offer has been made, provided they do so for all entering employees in the same job category. After employment begins, an employer may make such inquiries only if job-related and consistent with business necessity.
Myth #4: If an employee makes a request for a reasonable accommodation for a disability, we must grant the employee’s request if it is supported by medical documentation.
If an employee provides a medical note stating he has anxiety and needs to bring his emotional support alligator to work, must you provide that accommodation? As with any other request for a reasonable accommodation, an employer must evaluate the request and engage in an interactive process with the employee to identify a satisfactory arrangement. The employer has the right to select any effective accommodation and can deny an accommodation, even without an alternative, if the accommodation would constitute an undue hardship. In the case of an alligator, given the safety risks and the fact that it is illegal for an individual to own a pet alligator in Connecticut, the employer can likely deny the request. However, the employer and employee should still engage in an interactive process to identify another accommodation. For example, the employee may be able to bring an emotional support dog instead. Or perhaps other arrangements, such as a flexible schedule or soft music, will be sufficient. The point of the interactive process is to find an arrangement that meets the employee’s needs without posing an undue hardship on the employer; it should be the rare situation that it is determined that no reasonable accommodation is possible and the employment must end.
Myth #5: An employee has to work for the employer for one year before being entitled to a leave of absence.
This misconception likely comes from the fact that the federal Family and Medical Leave Act applies only to employees who have worked for a covered employer for at least 12 months. However, a reasonable accommodation could include an unpaid leave of absence for a definite period of time. The ADA and Connecticut counterpart do not have length-of-service requirements and even apply pre-hire, so an employee who is not eligible for leave under another law may still be eligible for leave as a reasonable accommodation for a disability.
Myth #6: It’s not worth it to hire employees with disabilities.
Hiring a person with a disability who is qualified for the job is not bad for business. Studies show that most employees with disabilities require no workplace accommodations. For those who do, most accommodations are relatively inexpensive, such as a screen cover or an ergonomic chair. Employee turnover tends to be lower for those with disabilities and individuals with disabilities may bring ideas and skills to the table that others do not. Focusing on what an individual can do rather than assumptions about what they cannot do allows employers to benefit from the talents these individuals add to the workplace.
* * * *
Complying with state and federal disability rights laws can be complicated. The labor and employment attorneys at Berchem Moses PC can help ensure your processes are compliant with all applicable laws.