The California Department of Fair Employment and Housing (DFEH) states that employers with five or more employees must provide reasonable accommodations for people with physical or mental disabilities to apply for jobs or perform essential functions of their jobs unless providing the reasonable accommodation would cause an undue hardship. If you believe your employer failed to provide what should be a reasonable accommodation, you will want to contact a California employment law attorney.
While there are several types of reasonable accommodations that employers can make, there are really only two kinds of undue hardship for employers: companies incurring significant expenses or reasonable accommodations simply being too difficult to fulfill. Failure to provide a reasonable accommodation could constitute an Americans with Disabilities Act of 1990 violation.
California Government Code § 12940 imposes an affirmative duty of reasonable accommodation on any employer that learns of an employee having a known disability. In such situations, employers have a legal duty to reasonably accommodate disabled employees and do so in a manner that allows the worker to perform their essential functions of the position.
The duty will apply unless the accommodation imposes an undue hardship on the employer. Reasonable accommodation duties do not apply to California employers with fewer than five employees.
Once an employer learns of an employee’s disability, state law requires an employer to enter into an interactive process with an employee and do so in a reasonable effort to help find appropriate accommodation. In certain cases, the communication between an employer and a worker may go through a third party.
An interactive process refers to the communication between an employer and employee that helps the employer find the proper accommodation and ensures that the accommodation assists the employee in performing the essential functions of their job. When a qualified employee requests a reasonable accommodation, an employer has to respond to it in a timely fashion and act in good faith.
Even when an employee does not directly request a reasonable accommodation, an employer should still provide the accommodation as long as a disability is observable or someone informs the employer of the disability. Employees are able to give bosses a list of requested accommodations, but employers can only request medical documentation when the reason for such an accommodation request is not obvious.
Reasonable accommodations can include a litany of possible actions by employers. Some of the most common kinds of requests generally include:
Do you think that your employer has failed to fulfill your reasonable accommodation request in California? Mara Law Firm has been representing workers in all kinds of legal actions for more than a decade, so we can offer experienced legal counsel in these kinds of matters.
Our firm strongly believes in standing up for worker rights, so you know we will fight hard for you. Call us at (619) 375-0288 or (855) 965-0295 or contact us online to set up a free consultation so we can take a better look at your case and help you understand what legal options you might have.
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