Tag Archive for: disability discrimination

What is a reasonable accommodation for a disability and how can I request it from my employer?

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Working with a disability does not have to be stressful. The Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) prohibit employment discrimination against qualified individuals with disabilities. A qualified individual with a disability is someone who fulfills what the position is requiring of an applicant, for example: skill set, experience, education, and any other job-related requirement. It is someone who can perform the basic duties the position entails either with or without reasonable accommodation/s.

All government agencies, and most employers, are required by law to provide reasonable accommodations to both qualified applicants and employees. The only time they would be unable to provide reasonable accommodation is if doing so would pose a direct threat or cause an undue hardship. Otherwise, employers must provide reasonable accommodations (adjustment or alteration), to provide applicants/employees an equal opportunity to compete for a job, equal access to benefits and privileges of employment, and/or to be able to perform the essential functions of the job.

Reasonable accommodations may look like the following:

  • Moving to a different office space;
  • Granting breaks or providing leave;
  • Providing accessible parking;
  • Providing telework or working remotely (including working from home);
  • Providing materials in alternative formats like large print or Braille; or
  • Changing when or how job duties are performed.

Under state and federal laws, individuals with disabilities have a right to request reasonable accommodations that will allow individuals to perform all the essential functions of the job. A job should not have to be burdensome to an individual with disabilities and reasonable accommodations should be request if needed. An employer is not allowed to retaliate against an employee who asks for reasonable accommodation, or who receives an accommodation.

If you feel you have experienced discrimination or retaliation at work related to your disability, our attorneys at Kitzer Rochel are here to help. We advocate on behalf of employees facing discrimination, retaliation, and whistleblower issues in the workplace.

Teske Katz Kitzer & Rochel Brings Class Action Employment Lawsuit against City of Minneapolis

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On January 6, 2017, Teske Katz Kitzer & Rochel initiated Stewart, et al. v. The City of Minneapolis, a class action employment lawsuit. The suit is brought in Minnesota District Court, Fourth District–Hennepin County.

Laurence Stewart, the named plaintiff, is a former employee of Minneapolis in its Public Works Department. Stewart seeks classwide relief for himself and all other similar employees. The Complaint alleges that the City’s return to work policy violates the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) because it fails to provide reasonable accommodation for disabled workers.

Mr. Stewart is represented by Brian Rochel, Marisa Katz and Douglas Micko, of Teske Katz Kitzer & Rochel, PLLP. Teske Katz Kitzer & Rochel is a class action and employment law firm with decades of experience around the country.

For more information, or if you have been terminated by the City of Minneapolis and have questions about this lawsuit, contact Brian Rochel here or via email at rochel@kitzerrochel.com.

A full press release and copy of the Complaint that has been served are available here:

Press Release

Stewart v. Minneapolis Complaint

Brian Rochel and Phillip Kitzer Present to Minnesota Counties Intergovernmental Trust on ADA, Workers’ Compensation Retaliation, and FMLA Laws

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On June 15, 2016, Brian Rochel and Phillip Kitzer presented at the Minnesota Counties Intergovernmental Trust’s (MCIT) seminar, Advanced Employment Issues for Public Entities.  The presentation, titled The Intersection of Disability, FMLA and Workers’ Compensation Retaliation Laws, addressed the complications for employers when employees request accommodations related to a disability or work-related injury, or when employees request time off related to a disability, workers’ compensation injury, or FMLA leave.

The MCIT is an entity composed of Minnesota counties and public entities that provides risk management and loss services to its members.  The Advanced Employment Issues for Public Entities seminar was a full day of training for human resources professionals that examined emerging workplace concerns.  Mr. Rochel and Mr. Kitzer primarily represent employees in workplace disputes, but presented to human resources employees multiple examples of mistakes they commonly see made by employers that lead to wrongful termination lawsuits.

Phillip Kitzer, Brian Rochel, and Doug Micko Present on Intersection of Disability, FMLA, and Workers’ Compensation Retaliation Laws

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On October 26, 2015, Teske Katz Kitzer & Rochel partners Phillip Kitzer and Brian Rochel presented a continuing legal education (CLE) seminar on the intersection between disability discrimination laws under the Minnesota Human Rights Act (“MHRA”) and the American’s With Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), and Workers’ Compensation retaliation (“WCA”).  The presentation was moderated by Teske Katz Kitzer & Rochel partner Doug Micko, and addressed the complicated legal considerations faced by both employers and employees when an employee has a workplace injury or disability.  The  presentation was made as part of Minnesota CLE’s Employment Law Webcast Series.

To learn more about the disability discrimination, your rights under the FMLA, or your rights under workers’ compensation retaliation, please contact Teske Katz Kitzer & Rochel today.