Are employers required to provide reasonable accommodations to disabled employees?

Yes, employers in New Mexico are required by law to provide reasonable accommodations to disabled employees. Under the Americans with Disabilities Act, employers must provide reasonable accommodations to employees with disabilities to enable them to do their job, unless doing so would create an undue hardship on the employer. A reasonable accommodation is any change in the work environment, to the job, or to the way the job is performed that enables a person with a disability to perform the essential functions of the job. Examples of reasonable accommodations might include: providing or modifying equipment or devices, adjusting work hours, modifying work duties, or providing a reader or interpreter. Reasonable accommodations must be provided when an individual with a disability requests it and when the employer knows, or has reason to know, of the need for an accommodation. Additionally, employers in New Mexico must make a good faith effort to engage in an interactive process to determine if an accommodation is necessary. This means that the employer and the employee will need to work together to identify possible accommodation options and work out an agreement. In New Mexico, employers may not discriminate against an employee with a disability. If an employee has requested an accommodation but the employer refuses to provide it, the employee may have a claim for unlawful discrimination.

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