Living with Long-Term Disability: Adaptive Technology & Accommodations

What Are Accommodations?

Accommodations are modifications to a job or work environment meant to make it easier for individuals with disabilities to perform their work duties. Accommodations can also be implemented in the hiring process to make it easier for individuals with disabilities to apply and interview for job positions. These modifications are regulated by the Americans with Disabilities Act (ADA) and are used to give individuals with disabilities an equal opportunity for employment in the workforce. Reasonable accommodations must be made to ensure equal access to the application process, the job functions, and the benefits and privileges of employment.

Accommodations are also sometimes called “productivity enhancers,” as they allow individuals with disabilities to perform their job duties without being slowed down. Modifications are not special treatment, as anyone can request them if they need them. Plus, accommodations often benefit everyone in the workplace, not just individuals with disabilities. For instance, if an employer provides ergonomic workstations or accessible facilities and restrooms, all employees benefit.

Many accommodations require minimal effort on the part of the employer. In most cases, employers must accommodate employees if the request is reasonable and does not cause undue hardship. Not providing accommodations is against the law and can result in legal action if the employer falls under ADA accommodation requirements.

If you have a disability and would like to learn more about accommodations and adaptive technology in the workplace, our law office can help. Our team has years of experience assisting clients with disabilities in maintaining employment and getting reasonable accommodation requests granted. Whether you want to learn more about accommodations or you’d like to seek legal action, we are confident we can assist you. Contact us today by calling 480-999-4740.

What is Adaptive Technology?

Adaptive technology, also called assistive technology, is equipment or technology that enhances participation for individuals with disabilities. Adaptive technology can be used in the workplace or in daily life to assist individuals with day-to-day functions. Assistive technology is not explicitly designed for people with disabilities; it can also be used by the general public.

For instance, self-driving cars are beneficial for the general population. Those who do not wish to drive can hail a self-driving car to get to and from work, home, or leisure activities. For an individual who is blind and cannot drive, self-driving cars qualify as adaptive technology, allowing them to get to and from their daily activities independently.

Assistive technology is not always cutting-edge, however. Many pieces of assistive and adaptive technology have been around for decades, helping both individuals with disabilities and the general public as needed. For instance, hearing aids to help people with hearing loss and mobility aids to help those with limited mobility count as adaptive technology.

The most common conversation surrounding adaptive technology happens in the workplace. Many employers offer adaptive technology and software to employees who require reasonable accommodations to complete their job duties. Voice recognition programs and screen readers are standard pieces of technology in the workplace that make it much easier for individuals with disabilities to do their jobs. If you have a disability and would like adaptive technology to make your job easier, you can approach your employer or the Human Resources department. Similarly, if you are applying for jobs and need adaptive technology, you can request reasonable accommodations when applying.

Adaptive technology is divided into three categories: no-tech, low-tech, and high-tech.

• No-tech: Requires limited or no technology, including magnifiers, reading guides, and weighted pens.
• Low-tech: Requires some technology, including calculators, visual timers, and closed captions.
• High-tech: Requires advanced technology, including voice-to-text programs, E-readers, and augmentative communication devices.

Adaptive technology is very useful for individuals with disabilities, especially as technology advances. If you would like to learn more about the technology available to you, contact our law office today. We can advise you of your resources and help you make a request for assistive technology at your workplace.

What Are the Most Common Examples of Adaptive Technology and Accommodations?

There are many examples of accommodations and assistive technology that can be useful for individuals with disabilities. Employers, schools, and other organizations may be required to provide accommodations and modifications according to the ADA. While your specific accommodations will depend on the nature of your disability, there are some common accommodations that most organizations are prepared to offer.

Below are some common examples of accommodations you may be able to request:

• Installing ramps
• Modifying restrooms to accommodate mobility aids
• Altering the layout of a workspace to allow for mobility aids
• Providing screen reading software
• Allowing the use of videophones
• Providing sign language interpreters or closed captioning at meetings
• Making materials available in large print or Braille
• Allowing service animals to enter the premises
• Adjusting work schedules to allow for medical appointments

Below are the most common examples of adaptive technology:

• Computer software and hardware: Voice recognition programs, screen enlargement programs, and screen readers.
• Cognitive aids: Computer or electrical assistive devices.
• Mobility aids: Wheelchairs, scooters, walkers, canes, and crutches.
• Educational tools: Book holders, adapted pencil grips, and automatic page-turners.
• Environmental modifications: Grab bars, ramps, and wider doorways.
• Ergonomic workstations: Wrist rests, supportive chairs, and standing desks.

Adaptive technology can be an accommodation that you request at your workplace or in school. However, accommodations do not necessarily require adaptive technology. For instance, using solid-colored carpets to accommodate those with balance issues can make a real difference. If you would like to learn more about assistive technology or accommodations, reach out to our legal team today.

Are Employers Required to Supply Adaptive Technology?

Under the Americans with Disabilities Act, the law states that your employer must provide reasonable accommodations if you have a qualifying disability and need extra support to do your job duties. One of the ways your employer can make an accommodation for you is by supplying adaptive equipment and technology. Your employer can provide you with new technology or modify existing equipment to meet your needs.

To request adaptive technology, you must use the technology to do an essential work function or core duty. For instance, if one of your primary job duties is reading reports, you could request a screen enlargement program if your vision is limited. If you are requesting technology for a duty that is non-essential to your job, your employer is not obligated to provide it.

Your request also cannot cause undue hardship to your employer. This can depend on the size and profitability of the company you work for. For example, requesting a large piece of expensive equipment may cause undue hardship to a small startup company, but it may not cause hardship to a well-established Fortune 500 company. Generally, it is best to approach your employer with your request and see how they respond. If your request will cause undue hardship, you can work with your employer to find a middle ground that still accommodates your disability.

Even if you are not employed, you can still request reasonable accommodations, including assistive technology. If you are applying for a job and need assistance filling out an application online or attending an interview, you can request that the employer provide these accommodations. Employers are obligated to comply with requests for reasonable accommodations at every stage of a job, including the application and interview.

Almost every type of business that serves the public is required to follow the ADA. If a business has fewer than 15 employees, it is not required to follow the ADA and may not give you your required accommodations. However, even small businesses often find it easier to accommodate existing employees than hire and retrain new ones.

How Do You Ask Your Employer to Supply Adaptive Technology or Other Accommodations?

Many individuals find it daunting to request adaptive technology or other accommodations from their employer. However, the process is straightforward and can even be done with assistance from our legal team if needed. If you decide to request an accommodation, you or your legal representation can simply let your employer know that you need an adjustment or change due to a medical condition. You do not have to mention the ADA or even use the phrase “reasonable accommodation.”

You can request your accommodation in writing, or you can do it in a face-to-face meeting with your employer. Many employers will ask you to write a letter or fill out a form confirming the specific nature of your request. Having a paper trail of communication can be helpful in case you need to take legal action later, although it is not required.

It is important to link your request to your medical condition, although you do not need to specify what your medical condition is. For instance, simply requesting a new desk chair because yours is uncomfortable is not a request for reasonable accommodation. Requesting a schedule change due to medical treatments, however, is a request for reasonable accommodation.

Can You Seek Legal Action for a Lack of Accommodations?

If your employer does not provide reasonable accommodation in the workplace, you can file a lawsuit and seek damages from your employer. You may request damages for lost wages, back pay, punitive damages, compensatory damages, attorney fees, and more. Anyone who has been discriminated against because of a disability can sue, including employees, applicants, former employees, customers, and clients.

Employers may also face fines for ADA non-compliance. These fines can be as high as hundreds of thousands of dollars for every violation. Your state and local governments may impose further fines under the law.

If you would like to pursue legal action due to a lack of accommodations in the workplace, it is essential to consult with an experienced legal team. Gathering evidence of ADA non-compliance and other workplace violations can be complex, and our legal team knows exactly what the court is looking for in these lawsuits. For more information about ADA compliance and whether you have a case, contact our attorneys today.

How Can an Attorney Help Me?

Adaptive technology and accommodations can mean the difference between an individual thriving in the workplace and being unable to complete their job duties in a reasonable amount of time. Unfortunately, many people with disabilities do not know their rights under the law and that they are allowed to request accommodations from employers and other organizations. Adaptive technology and accessibility accommodations provide equal opportunity to all individuals under the law.

At Roeschke Law, our team of lawyers has years of experience working with disabled individuals to advocate for their rights. We can help you understand the resources available to you when applying for jobs, interviewing for a job, and completing your job duties. Many individuals find it intimidating and overwhelming to ask for necessary accommodations in the workplace, and we are here to advocate for you with your employer. Whether you need adaptive technology or low-tech accommodations, we are confident we can help you meet your needs.

All employers are required to comply with the ADA, including supplying reasonable accommodations if it does not cause them undue hardship. When an employer neglects their ADA requirements, you have the right to seek legal action. If you would like to file a lawsuit against your employer, our team can help. We will help you gather evidence, including witness testimonies and written statements, to present in court. We will then advocate for you before a judge to prove that your employer owes you damages. ADA non-compliance lawsuits can be very lucrative, and we are committed to protecting your rights as you pursue legal action.

If you have any questions about your right to accommodations and adaptive technology, don’t hesitate to reach out. Call our law office today at 480-999-4740.