How Do I Request a Reasonable Accommodation In Orange County?
California employees take pride in their work and enjoy robust legal protections in the workplace to prevent employer discrimination and protect their rights. One crucial employee right in California workplaces is the right to request reasonable accommodations for physical or mental disabilities at any stage of the employment process, including during job application and hiring practices, and for hired employees in the workplace.
An experienced Orange County employment attorney can help you understand your legal rights, including the right to initiate an interactive process to discuss a request for reasonable accommodations at work.
What Does California Employment Law Say About Reasonable Accommodations in the Workplace?
Employers in California also have legal protections, including the right to deny an accommodation request that would cause undue hardship or negatively impact productivity. However, all employers with five or more employees must follow the California Fair Employment and Housing Act (FEHA) employee protection laws, including providing reasonable accommodations. The law states the following:
“The point of the process is to remove barriers that keep people from performing jobs that they could do with some form of accommodation.”
An example of providing a reasonable accommodation for a California employee would be allowing an employee with a high-risk pregnancy to use a stool or seat at a workbench rather than standing. Our proven pregnancy discrimination lawyer for a free case review.
What Is the Process for Requesting a Reasonable Accommodation at Work In Orange County?
Requesting a reasonable accommodation at an Orange County job begins by triggering an interactive process. This process may be initiated by the employee or by an employer who becomes aware of an employee or potential employee’s disability.
To seek an accommodation at work, do the following:
- Inform an immediate supervisor or the company’s HR department that you have a medical condition and need a reasonable accommodation. A written request helps ensure that you have a record of the request and begins the interactive process
- During the interactive process, participate in discussions with your employer and provide any documentation required by the employer, such as a note from your doctor (you only need to provide evidence of the disability and do not have to disclose your entire medical history
- Allow time for the employer to determine if your requested accommodation is reasonable and doesn’t cause undue hardship or a safety hazard
- Fill out any forms required by your employer, such as a medical certification
California employers must comply with confidentiality laws to protect your privacy and may not disclose your medical information. If your employer denies the request for a reasonable accommodation, you have the right to file an appeal. Our discrimination attorney in OC can help you with your claim.
Examples of Reasonable Accommodations in Orange County Workplaces
A request for a reasonable accommodation at work requires an individualized assessment of the job’s requirements, the employee’s abilities, and the accommodation’s impact on job productivity, safety, and employer expenses. Common examples of reasonable accommodations in Orange County, California include:
- Time off for medical appointments
- Reduced hours or a flexible schedule
- Wheelchair ramp installation
- Assistive technology
- Adjustments to job function
- Relocation to a first-floor workspace
- Accessible restrooms
- An adjustable desk to allow sitting and standing
- Allowing remote work
- Allowing a service dog in the workplace
- Modifying the layout of a workspace
- Providing closed captioning in meetings for an employee with a hearing impairment
- Making materials available in large print or braille for sight-impaired employees
The U.S. Department of Labor describes reasonable accommodations in the workplace as follows:
“…A modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process.”
A disability discrimination attorney in Orange County can help you in determining whether your request for an accommodation is reasonable under the unique circumstances of your case. Contact our law offices for a free consultation at (949) 380-0900.