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Americans with Disabilities Act (ADA)

On Behalf of | Jun 10, 2013 | Employment Law |

Nevada has employment laws that deal specifically with disabled individuals and follow the Americans with Disabilities Act, otherwise known as ADA.

Under the ADA, employers are required to provide reasonable accommodations to an employee with a qualifying disability, as long as doing so does not cause the employer any undue hardship with regard to operating their business. An undue hardship under Nevada employment laws would constitute an incredibly expensive or difficult action when considering the size of the company, the structure and nature of their daily operation, and the extent of their financial resources.

Under the Americans with Disabilities Act, the employer does not have to reduce their production or quality standards in order to accommodate a disabled individual, nor are they required to provide the disabled individual with items for personal use, such as hearing aids, walking canes, or glasses.

There are several different ADA accommodations that a disabled individual is able to officially request from their employer under both Nevada employment laws and the Americans with Disabilities Act, including:

  • Modifying the employee’s job duties
  • Restructuring the employee’s job in order to accommodate their disability
  • Requesting an equivalent open position be provided
  • Requesting a reduction of the work hours
  • Requesting an open-ended time period for leave of absence as necessary due to their disability

These accommodations are considered reasonable as long as there is no unnecessary hardship imposed on the company for providing any of them. In order to request one of these accommodations, or any other reasonable accommodation, the employee should submit a formal written request to the employer. The written request can make reference to the Americans with Disabilities Act and to state employment laws that follow the ADA.

Employers that are required to follow Nevada employment laws and the Americans with Disabilities Act are those that have a minimum of 15 employees and receive some form of financial assistance from the federal government.

Under Nevada employment laws and the Americans with Disabilities Act, an employee is considered disabled if:

  • They have an impairment, either mental or physical, that limits a minimum of one major life function
  • They are believed by others to be impaired
  • They have documented evidence of being impaired

If an employee is asking an employer to provide certain accommodations for a disability, they will likely have to disclose enough information regarding the disability to have an interactive conversation and relationship about the disability and how to best accommodate it. The quality and extent of the employee’s limitations will definitely need to be disclosed and discussed. If necessary, the employee may need to supply documentation of the disability.

The Equal Employment Opportunity Commission (EEOC) handles complaints regarding employers not following Nevada employment laws or the Americans with Disabilities Act. In Nevada the EEOC is located at 333 Las Vegas Blvd. South, Ste. 8112, Las Vegas, Nevada. Their telephone number is (702) 388-5094 or (800) 669-4000 for people that are not Clark County residents. They are open M-F from 8:00 a.m. to 4:30 p.m. An employee may also contact the Nevada Equal Rights Commission located at 1820 E. Sahara Ave., Suite 314, Las Vegas, Nevada, (702) 486-7161. The employee has 300 days following the date they believe the discriminatory act occurred to file a complaint.