Under Georgia law, businesses are required to provide reasonable accommodations for employees or job applicants with disabilities. This obligation is imposed under the Americans with Disabilities Act (ADA) and applies to businesses with 15 or more employees.
The types of accommodations businesses may need to provide can vary greatly depending on the circumstances of the individual employee or job applicant's disability. However, these accommodations could include making physical changes to the workplace, modifying work schedules or duties, or providing assistive technologies or devices.
It is important to note that businesses are not required to provide accommodations that would cause undue hardship, which means significant difficulty or expense. To determine whether an accommodation would result in undue hardship, businesses may consider factors such as the nature and cost of the accommodation, the impact it would have on the business's operations, and the overall financial resources of the business.
If a business fails to provide reasonable accommodations, an employee or job applicant with a disability may have the right to file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC). Additionally, they may be able to file a lawsuit against the business in court.
In order to ensure compliance with the ADA and avoid potential legal liability, businesses should establish clear policies and procedures for providing accommodations to employees with disabilities. Businesses should also engage in an interactive process with employees or job applicants to determine what accommodations may be necessary and feasible. This process involves open communication and collaboration between the employer and the individual with a disability.
If a business has any questions or concerns regarding their obligations under the ADA or providing accommodations to employees with disabilities, they should consult with a qualified employment attorney.
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