Worker & Employee Focused

Disability Issues In Employment

A disability can present many difficulties at work or in the job market. You may not be certain if you are disabled in terms your employer or potential employer would recognize. At Livingston, Adler, Pulda, Meiklejohn & Kelly, PC, our attorneys can help you face those challenges with the clear legal guidance you need.

We have worked with thousands of employees during the last four decades. We know Connecticut labor and employment law, and we can help you determine the best course of action to take with your disability.

What If I Am A Person With A Disability?

If you are a person with a “disability” your employer cannot discriminate against you or harass you because of your disability. But the term “disability” has a very particular definition under Connecticut and Federal law – and not all medical conditions or injuries are “disabilities” under these laws.

What Rights Do I Have In The Workplace?

An employer must provide a qualified applicant or employee who has a known disability with a “reasonable accommodation” if requested, and if doing so would not be an “undue hardship” for the employer.

A reasonable accommodation is a change to the work environment or in the manner in which the job is usually done to help a disabled individual perform the duties of his/her job.

Reasonable accommodations can include making facilities readily accessible, job restructuring, changing a work schedule, reassignment to an open position, buying equipment or devices, or making changes to exams, training materials or policies.

An employer does not have to eliminate or lessen quality or production standards in order to accommodate a disabled employee.  If you are disabled and believe your employer has refused to provide you with a reasonable accommodation, you should talk to an experienced labor and employment attorney.

Can My Employer Ask Medical Questions?

There are some limited circumstances when an employer can require a job applicant to answer medical questions, take a medical exam or identify a disability.

An employer may not ask an applicant whether s/he is disabled or about the nature or severity of a disability, but it can ask about the individual’s ability to perform specific job functions.

Also, an employer can offer a job on the condition that the applicant answer medical questions or take a medical exam, but only if the questions or exam are required for all employees entering that job.

Once an employee has been hired and has started working though, an employer can ask medical questions or require an employee to take a medical exam in order to evaluate a request made by that employee for a reasonable accommodation or if the employer believes that the employee is not able to perform his/her job successfully or safely because of his/her medical condition. 

Contact Us For A Free Initial Phone Consultation

If you have more questions about your disability and your rights at work, feel free to call our Hartford office at 860-454-9608 or use our convenient online contact form to make an appointment to discuss your situation with a free initial phone consultation.