Accommodation of Disabilities (ADA)

(312) 818-6700

The Americans with Disabilities Act (ADA) and the Illinois Human Rights Act (IHRA) mandate that employers provide reasonable accommodations for qualified individuals with disabilities. These laws aim to ensure equal employment opportunities and prevent discrimination. In Illinois, the ADA applies to employers with 15 or more employees, while the IHRA covers those with one or more employees. Understanding these protections is crucial for both employers and employees to foster an inclusive workplace and comply with legal requirements for disability accommodations.

Definition, Requirements, and Obtaining Assistance

Definition of Disability under ADA and IHRA

A disability is defined as:

1. A physical or mental impairment that substantially limits one or more major life activities

2. A record of such an impairment

3. Being regarded as having such an impairment

Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

Requirements for Reasonable Accommodation:

1. Qualified Individual: The employee or applicant must be qualified to perform the essential functions of the job with or without accommodation.

2. Known Disability: The employer must be aware of the individual's disability.

3. Reasonable Accommodation Request: The individual must request an accommodation, though specific language isn't required.

4. Interactive Process: The employer must engage in a good faith dialogue to determine appropriate accommodations.

5. Effectiveness: The accommodation must enable the individual to perform essential job functions.

6. No Undue Hardship: The accommodation should not pose an undue hardship on the employer's operations.

How to Get Assistance with Accommodation:

1. For Employees:

   - Inform your employer about your disability and need for accommodation

   - Provide medical documentation if requested

   - Engage in the interactive process to discuss potential accommodations

   - Contact the EEOC or IDHR for guidance if facing difficulties

2. For Employers:

   - Develop clear policies for handling accommodation requests

   - Train managers on ADA and IHRA requirements

   - Consult with legal counsel or HR professionals for complex cases

   - Utilize resources from the Job Accommodation Network (JAN) for accommodation ideas

3. External Resources:

   - EEOC: Provides guidance on ADA compliance

   - IDHR: Offers information on state-specific requirements

   - Disability:IN: Provides resources for disability inclusion in the workplace

   - Local disability rights organizations: Can offer advocacy and support

Common Types of Accommodations:

- Modified work schedules

- Assistive technology

- Ergonomic workstation modifications

- Leave for medical treatment

- Remote work options

- Job restructuring

Typical Legal Process for Lawyers Representing Clients in ADA Accommodation Cases

1. Initial Consultation:

   - Assess the client's disability and accommodation needs

   - Determine if the client meets ADA/IHRA requirements

   - Explain rights and potential outcomes to the client

2. Gathering Evidence:

   - Collect medical documentation of the disability

   - Review employment records and job descriptions

   - Document the accommodation request and interactive process

3. Informal Resolution Attempts:

   - Draft a formal accommodation request letter to the employer

   - Engage in discussions with the employer to resolve the issue

4. Administrative Filing (if necessary):

   - File a charge with the EEOC or IDHR within 300 days of the alleged discrimination

   - Assist client in providing information during the agency investigation

5. Mediation/Settlement Negotiations:

   - Represent client in EEOC/IDHR mediation if offered

   - Engage in settlement negotiations with the employer

6. Agency Determination:

   - Review EEOC/IDHR findings

   - Advise client on next steps based on the determination

7. Filing a Lawsuit (if necessary):

   - If given a "right to sue" notice, file a complaint in federal or state court

   - Ensure compliance with applicable deadlines

8. Discovery Process:

   - Request and review relevant documents from the employer

   - Conduct depositions of key witnesses

   - Engage expert witnesses if needed (e.g., medical professionals, vocational experts)

9. Dispositive Motions:

   - File or respond to motions for summary judgment

10. Trial Preparation:

    - Prepare witnesses and evidence presentations

    - Develop trial strategy focusing on the reasonableness of the accommodation request

11. Trial:

    - Present the case in court

    - Examine and cross-examine witnesses

    - Deliver opening and closing arguments emphasizing ADA/IHRA requirements

12. Post-Trial:

    - File post-trial motions if necessary

    - Discuss appeal options if the outcome is unfavorable

13. Enforcement of Judgment:

    - If successful, ensure proper implementation of court orders, including provision of accommodations

Throughout this process, the lawyer must maintain clear communication with the client, comply with all ethical obligations, and stay updated on evolving ADA and IHRA case law. They should also be prepared to educate the court on the specific nature of the client's disability and the reasonableness of the requested accommodations.

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