Requesting Disability Accommodations at Work In California
Federal civil rights laws and California’s workplace protections, as outlined in the Fair Employment and Housing Act (FEHA), safeguard California employees against workplace discrimination, including against employees with disabilities. Despite these protections, some employers fail to adhere to workplace discrimination laws, including their duty to provide reasonable accommodations to disabled employees. Reach out to our experienced discrimination attorneys in Los Angeles for a free case review.
What Are Reasonable Accommodations In the Workplace?
There are some job positions that a disabled person isn’t able to perform safely. For instance, if a job requires retrieving, lifting, and carrying boxes from tall shelves, there are no reasonable accommodations an employer can make for a wheelchair-bound employee. However, there are many cases in which relatively simple adjustments enable a person with a disability to perform tasks safely at work and remain a productive employee without causing undue hardship to the employer. Some examples include:
- Providing wheelchair access
- Providing ergonomic chairs
- Changing a disabled employee’s job duties
- Allowing telework when appropriate
- Providing assistive technology
- Providing leave for an employee’s necessary medical appointments
- Changing an employee’s work schedule
- Providing reasonable mechanical or electrical aids
An employer may also move a disabled employee into a position that better accommodates their disability if one is available.
Understanding Reasonable Accommodations In California Workplaces
While the law does not require an employer to alter the nature of their business, make unaffordable adjustments, or lower productivity standards, reasonable accommodations that require only moderate adjustments help preserve a disabled employee’s dignity and allow them to remain self-sufficient. As long as a reasonable accommodation allows a disabled employee to perform the essential functions of their job duty without causing undue hardship to an employer who lacks adequate resources, California law compels the employer to provide the accommodation.
When Can a Disabled California Employee Request a Reasonable Accommodation?
Under California’s employee protection laws, a disabled person may request a reasonable accommodation from a prospective employer during the hiring process, after they’ve been hired, after acquiring a disability, if their disability level changes, or if their job requirements change.
Before requesting an accommodation, the employee should carefully consider the most efficient type of accommodation to suit their disability and the job’s required tasks. Although the employee has the right to suggest the accommodation that they believe will work best for them, the employer does not have to legally provide the exact accommodation requested if they choose a different method that still meets the employee’s needs and the employer’s goals.
Initiating an Interactive Process for Requesting Reasonable Accommodation for Disability
When a disabled employee makes a request for an accommodation, the employer must begin an interactive process in a timely manner. According to the California Civil Rights Department, the interactive process requires:
“An individualized assessment of both the job and the specific physical or mental limitations of the individual that are directly related to the need for reasonable accommodation.”
What Are My Rights After an Employer Denies a Request for Reasonable Accommodation In California?
It can feel overwhelming to take on a claim or lawsuit against an employer who failed to live up to the state’s requirement to provide reasonable accommodation; however, failing to accommodate an employee’s disability makes it difficult for that person to earn a living and support themselves or their family. If a California employer neglects their legal obligations and the result is discriminatory hiring practices, a loss of pay, wrongful termination, injury, or a worsened medical condition, you have the right to take on a claim against the insurer, seeking compensation for the economic losses you’ve suffered.
Most claims against employers result in a settlement; however, an experienced Orange County discrimination attorney prepares the case as though for court to present a well-strategized case should the compensation claim require a trial.