When an employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA), employers must handle the process with care and legal compliance. Unfortunately, some employers respond by reducing wages or taking adverse employment decisions against employees with disabilities. If you’re facing a wage reduction after ADA requests (a reasonable accommodation request), you have legal rights that protect you from this type of retaliation. Let’s explore these rights in detail and discuss what steps you can take to hold employers accountable.
Understanding the ADA and Your Right to Equal Employment Opportunities
The ADA, enforced by the Equal Employment Opportunity Commission (EEOC), requires employers to provide reasonable accommodations to qualified applicants and employees with disabilities. This law ensures that disabled employees can enjoy equal employment opportunities without facing discrimination, retaliation, or adverse employment decisions.
The ADA applies to a wide range of employers, including private businesses, state and local governments, and employment agencies. The law covers various aspects of employment, including the job application process, hiring, job duties, promotions, and compensation. Employers must ensure that their workplace policies do not discriminate against employees based on a covered disability.
What Is a Reasonable Accommodation?
A reasonable accommodation is any modification or adjustment that enables a disabled employee to perform the essential functions of their job. This can include:
Job restructuring to modify duties that a disabled employee may find difficult to perform
Modifying existing facilities to make them accessible for individuals with mobility issues
Providing assistive devices such as a sign language interpreter or adaptive equipment
Flexible work schedules to accommodate medical appointments or treatments
Adjusting specific job functions that are not essential to the position
Providing in-house training programs to help the employee gain access to necessary job skills
Employers must engage in the reasonable accommodation process and provide adjustments that allow employees with disabilities to perform their job duties, absent undue hardship on the employer’s business.
Wage Reduction as Retaliation: Is It Legal?
Reducing an employee’s wages after they submit an accommodation request can constitute disability discrimination. Under ADA regulations, employers cannot retaliate against employees for requesting reasonable accommodations or for asserting their rights under the law. Wage reductions, job demotions, or other adverse employment decisions related to a person’s disability or accommodation request violate federal employment laws.
What Does Retaliation Look Like?
Retaliation can take many forms, including:
Lowering an employee’s pay without valid business reasons
Assigning less favorable job duties that are not related to the employee’s job category
Denying promotions or job offers to a disabled employee or job applicant
Unlawful harassment that creates a hostile work environment
Refusing to provide reasonable accommodations after an accommodation request has been made
Employers may claim that a wage reduction is due to a business necessity or financial hardship. However, federal courts and the EEOC enforcement guidance will scrutinize whether the employer’s ability to provide reasonable accommodations was genuinely impacted or if the wage reduction was a retaliatory measure.
Employer’s Obligation to Provide Reasonable Accommodations
Employers must assess the accommodation request in good faith and provide adjustments unless doing so causes undue hardship. The employer’s obligation includes engaging in an interactive process to identify accommodations that allow the disabled employee to perform essential functions.
What Is an Undue Hardship?
An undue hardship refers to a significant difficulty or expense that the employer would face in providing such accommodation. Factors considered include:
Financial resources of the employer and the overall impact on business operations
Size and structure of the business and the number of employees on the employer’s premises
Impact on existing facilities and whether those facilities can reasonably accommodate the employee’s disability
Employers cannot use undue hardship as an excuse without demonstrating the specific difficulty or expense involved. Courts will examine whether the employer took reasonable steps to accommodate the disabled employee or if they dismissed the request without justification.
Comparing Treatment of Other Similarly Situated Employees
Federal laws require employers to treat disabled employees similarly to other similarly situated employees. This means that an employer’s denial of a reasonable accommodation or wage reduction must be consistent with how other employees in similar job categories are treated.
For example:
If a job applicant or employee qualifies for accommodations, they should not face adverse actions that other employees in similar roles do not experience.
Existing facilities and training programs must remain equally accessible to employees with disabilities to ensure they enjoy equal benefits.
Employers must ensure that the employee’s supervisor and co-workers are aware of the need to respect the accommodation request and avoid any form of workplace harassment.
Legal Protections Against Wage Reductions
Federal and state laws protect employees from wage reductions tied to their disability. Under the Civil Rights Act and EEOC enforcement guidance, employers cannot take actions that discriminate against a person’s disability. The medical condition or mental impairment that necessitates the accommodation should not become a basis for wage reductions or other adverse employment decisions.
Steps to Take If You Face Wage Reduction
If your employer reduces your wages after an accommodation request:
Document the reduction. Keep records of pay stubs, communication with your employer, and any adverse employment decision.
Gather medical information. Ensure you have documentation from a health care professional to support your disability and the accommodation request.
Compare treatment with other employees. Identify whether similarly situated employees without disabilities have faced similar actions.
Consult an attorney. Legal representation is essential to navigating ADA violations and protecting your rights. An attorney can help you understand the potential damages you can recover, including back pay, lost wages, and compensatory relief.
What Accommodations Can You Request?
Employees can request various accommodations to manage their job duties effectively. These include:
Flexible work schedules to accommodate medical treatments or a chronic condition
Job restructuring to modify or reallocate specific job functions
Medical leave under the Medical Leave Act to address a health condition or seek professional treatment
Assistive devices or technology to support an employee’s ability to perform essential functions
Vacant positions or job transfers when the employee’s disability limits their ability to perform their current job duties
Employers must ensure that all accommodations are provided in a way that allows the disabled employee to gain access to equal employment opportunities without unnecessary barriers.
Employer Accountability in Federal Courts
Employers who deny reasonable accommodations or retaliate against disabled employees can face significant penalties in federal courts. Courts examine whether the employer’s denial of accommodations or wage reduction was necessary due to a business necessity or if it was an attempt to avoid providing accommodations.
Factors Considered by Courts
Federal courts consider various factors when evaluating ADA cases, including:
The nature of the employee’s disability and whether it substantially limits a major life activity
The accommodation requested and whether it was reasonable under the circumstances
The employer’s financial resources and whether the requested accommodation posed an undue hardship
Treatment of similarly situated employees to determine if the disabled employee was treated unfairly
Employers must demonstrate that any adverse action taken was not a direct result of the employee’s disability or accommodation request. Failure to do so may result in significant penalties and damages awarded to the disabled employee.
Conclusion
If your employer reduces your wages after requesting a reasonable accommodation, you have legal rights to protect you from this form of retaliation. The ADA and other federal laws ensure that disabled employees can enjoy equal employment opportunities and receive the accommodations they need to perform essential functions of their jobs.
At Bourassa Law Group, we understand the complexities of employment law and ADA violations. Our experienced attorneys are here to help you navigate the legal process, hold your employer accountable, and recover potential damages, including back pay, lost benefits, and compensatory damages.
Contact us today for a free consultation to protect your rights and secure the compensation you deserve.
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