It is impossible to cover disability discrimination in the workplace in one blog post. And, importantly, disability cases vary widely on a case-by-case basis. For this reason, it is always recommended that you contact a qualified employment law attorney with questions about disability issues.
That said, there are things an employment attorney will consider in every case that involves a disability. As I get the time to write about each of these topics, I will provide links below. Here are some common considerations under the Oregon disability laws:
- Do the disability statutes apply to this employer?
- Is the employee “disabled?”
- Can the employee perform essential job duties with or without reasonable accommodations?
- Has the employee notified the employer of a disability and/or requested accommodations?
- Are the requested accommodations reasonable?
- Has the employer engaged in an interactive process to accommodate the employee’s disability?
- Has the employer discriminated or retaliated against the employee?
- How has this negatively affected the employee?
This list is far from exhaustive, but it should give you an idea of some questions involved in evaluating possible disability issues that arise during the employment relationship.
