We live in an era of self-centered employers who see their employees like numbers on a piece paper. But when it comes to disability, the numbers need to match. Employers are required to make reasonable accommodations for workers with disabilities. This is a reality since 1990, when the Americans with Disabilities Act (ADA) was passed. The ADA, however, is not very clear about what type of accommodations are required. This is why it is important you hire an experienced Encino social security disability benefits attorney if you are struggling with a disability and your SSI claim was denied.
Employers can’t engage in discriminatory conduct related to the employee’s disability, including:
There should be reasonable accommodations for mental limitations as well. However, these cases are very complex since courts and employers generally determine what these standards are. It is possible that employees and employers have different opinions. In such cases, it is best to get some legal help.
This is the legal term used under ADA to describe employers who may not be able to accommodate employees with disabilities because they don’t have the resources. Some factors considered in these types of cases include:
It is difficult to prove the standards for reasonable accommodations. Employers accommodate disabilities they know about. If the condition is unknown to the employer, they are not required to accommodate disabilities related to this condition.
Some courts require the employee and employer to come to an agreement about accommodating disabilities. In other words, the employer may not know what type of accommodations they need to provide, and the employees may ignore the need to take the initiative.
Employees with a history of drug and alcohol abuse may qualify for disability. However, they are required to work just like any other employee and respect work policies, including not drinking or doing drugs in the workplace. Some important guidelines these employees should follow include:
If you have questions and would like to learn about your rights when denied social security disability benefits, contact us today and schedule your initial case assessment with one of our talented Encino social security disability benefits attorneys.