How do ADA violations occur in the workplace?

On Behalf of Dunlap Fiore, LLC |

Employers throughout the country are sensitive to the potential for workplace lawsuits these days. There are both state and federal agencies whose sole mission is to investigate allegations of discrimination and harassment in the workplace. But, even for those employers who bend over backward to attempt to get into compliance with every applicable law, sometimes allegations of violations can still be brought. Violations based on the Americans with Disabilities Act can be especially tricky.

How do ADA violations occur in the workplace? Well, sometimes it can be for something as slight as a perceived difference of treatment between one employee who is not disabled and one who is. Promotions are an area where employees are especially watchful of who gets preferred treatment and who does not.

In other cases, a disabled employee may allege that the employer has not provided a “reasonable accommodation” for the employee’s disability. The ADA requires employers to attempt to make these accommodations, but there is a grey area in regards to what exactly a “reasonable accommodation” is.

In order to avoid allegations of ADA violations in the workplace, employers in Louisiana would probably be best served by ensuring a high level of communication between disabled employees and their supervisors. The vast majority of employers in Louisiana want to provide a welcoming and comfortable work environment for their employees. Doing your best to avoid employment law violations is one way to accomplish this task. Employers need to make sure that they are getting the most accurate information about employment law in order to get into compliance.