Know your rights
Disability & Reasonable
Accommodations
The Family and Medical Leave Laws, disability discrimination/reasonable accommodation laws, worker’s compensation laws, and your employer’s short term and long term disability policies may have critical bearing on your continued employment and livelihood, and can often be inconsistent, or even at odds with each other. Our experienced lawyers make every effort to not only be on top of these laws, but to also provide the shrewd, practical advice and strategies often needed by clients who are contending with serious illnesses, disabilities, medical leaves, and return-to-work issues.
Areas of expertise
How We Can Help
Filing
Complaint
Inquiry
Response
Settlement, Mediation, Conciliation
Administrative Hearings
Disability
Many employees who have medical conditions simply do not know that they are entitled to reasonable accommodations and to be free of discrimination in the workplace because of their medical conditions. This is because the laws that protect employees with medical conditions are labeled as disability discrimination laws.
Disability Defined
In order for an employee to benefit from the protections of the Americans with Disabilities Act (ADA) and Wisconsin Fair Employment Act (WFEA), the first step is to determine whether the employee’s medical condition qualifies as a “disability” under the law. The definitions of disability under both the ADA and WFEA are written to include a broad range of medical conditions (both physical and mental). For example, the general definition of a disability under the ADA is as follows:
- A physical or mental impairment which substantially limits one or more major life activities makes achievement unusually difficult or limits the capacity to work
- Having a history of such an impairment or
- Being regarded as (or perceived as) having such an impairment
Reasonable Accommodations
Employers are required to provide reasonable accommodations to disabled employees unless the accommodation would cause an undue hardship on the employer. A reasonable accommodation is an adjustment or modification to the work environment or employer policies to help a disabled employee perform the job or to enjoy the benefits and privileges of employment. In Wisconsin, an employer’s duty to provide reasonable accommodations is quite broad.
Examples
- Flexible work schedule
- Time off for medical appointments
- Delegation of non-essential job duties
- Modification of employer policies or expectations
- Paid or unpaid leave of absence for treatment or recovery
- Job restructuring or other tools allowing disabled employees to perform their jobs
- Physical modifications to make the workplace more accessible
- New technologies
plan of action
Our
Approach
Our attorneys are available to directly address your concerns, and put our many years of experience to work for you. Though the events and “drama” that arise in the workplace can often be confusing and emotionally taxing, our legal team deals with these matters on a daily basis. We can therefore provide you with a level head, as well as a well-rounded approach.
01
Identify
We quickly identify the root of the specific problem you are facing at work.
02
Explain
We explain clearly where you stand with respect to your legal rights.
03
Disclose
We disclose your options and likelihoods for obtaining a favorable outcome.
We Will Help You Every Step Of The Way
We plead that good legal service starts by alleviating the “ulcer” that comes from not knowing your legal rights, and replacing that with a definitive, smart and practical strategy, moving forward.
