Home > Information > Disability

Disability

According to the Americans With Disabilities Act (ADA), persons with repetitive strain injuries (RSI), including carpal tunnel syndrome (CTS), are protected if the condition has progressed to a state in which it is considered “serious and permanent.” This may mean that there has been nerve damage, surgery, limitations in major life activities, etc.

Because of ADA, employers may be required to provide employees with “reasonable accommodation,” generally meaning ergonomic equipment. Of course, although an employer must provide an employee with “reasonable accommodation,” it does not necessarily mean that the ADA will totally protects your job – you can still be fired.

This is because while ergonomic equipment can help you perform the essential function of your job, it may not prevent you from experiencing pain (and if you are working in pain, you are only worsening your condition). So, if you are expected to sit at a desk and type for an 8-hour day, but you can’t, you can be fired for not being able to keep up.

What might “reasonable accommodation” include?

• voice activated software
• an ergonomically modified work station – proper chair and work surface (made to fit the worker), a split keyboard (or another alternative keyboard), arm supports, writing aids, book holder, etc.
• reduction of computer work (replacement of computer work with some non-typing related tasks for a certain portion of the work day)
• transfer the worker to another job within the company that does not require computer work (this is, of course, only if the worker is qualified for that job).

If the employer denies the employee “reasonable accommodation,” the employer will have engaged in discrimination and may have to face the law. Of course, what seems reasonable for the employee may not seem so reasonable for the employer and vice versa – the subject can be greatly debated.