An employee cannot be treated unfairly based upon a disability or perceived disability that has no significant bearing on the work that is required. While an employer may be required to make accommodations under particular circumstances for an employee with a disability, employers are not required to make accommodations that constitute an "undue hardship" on the operation of their business. "Undue hardship" means that the employer is not required to go to significant difficulty or expense to accommodate a disability in relation to an employer's size, financial resources and the nature and structure of its operation. Also, an employer is not required to lower quality or production standards to make an accommodation for a particular employee.
An employer must also be made aware of any request for accommodation to determine what, if any, necessary accommodations or changes to policy are available. The Americans with Disabilities Act prohibits disability discrimination concerning job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. There have been recent and significant changes made to the Americans with Disabilities Act requiring legal counsel that is current on these changes and how they impact businesses and employees.
The Law Offices of Kevin J. Dolley's Victory Before the Missouri Supreme Court
A Seminal Change in Missouri Disability Law
The Law Offices of Kevin J. Dolley argued and adopted before the Missouri Supreme Court the most recent standards of disability discrimination in Missouri. The Missouri Supreme Court in Daugherty v. City of Maryland Heights determined that an employee was substantially limited in performing a major life activity for purposes of the MHRA if he or she was "unable to perform" or "significantly restricted as to the condition, manner or duration under which" he or she could perform a particular major life activity.
The Missouri Human Rights Act provides that a "disability" is "a physical or mental impairment which substantially limits one or more of a person's major life activities, being regarded as having such an impairment, or a record of having such an impairment, which with or without reasonable accommodation does not interfere with performing the job…" Under Missouri law, a plaintiff must be able to prove that a disability or a perceived disability was a "contributing factor" in an employment action taken against the employee.
Contact our Labor and Employment Law Firm
To set up a consultation, please contact the Law Offices of Kevin J. Dolley at (314)645-4100 or by email at firstname.lastname@example.org. All legal consultations are held strictly confidential. For experienced legal counsel in labor law, employment law and business law matters, please contact the Law Offices of Kevin J. Dolley.