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Posted By Sirmabekian
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2024
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Workplace accommodation laws are designed to protect employees with disabilities or medical conditions, ensuring that they have equal access to job opportunities and the ability to perform their roles effectively. Employers are legally required to provide reasonable accommodations in California, but many workers are unsure of what this entails. Whether you’re an employee seeking accommodations or an employer looking to meet legal obligations, this guide covers the key points you need to know.
What Are Reasonable Accommodations?
Reasonable accommodations are changes or modifications to a job or work environment that allow employees with disabilities to perform essential job functions. In California, the law mandates that employers with five or more employees must engage in a good-faith, interactive process to identify and provide accommodations for workers who need them due to a disability or medical condition.
Examples of reasonable accommodations include modifying work schedules, making facilities accessible, offering assistive technology, or reassigning certain tasks. These accommodations are intended to ensure that an employee can continue to work without being at a disadvantage because of their condition.
Legal Framework for Accommodations in California
California law offers strong protections for employees needing accommodations. Both the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) govern how accommodations must be handled in the workplace. Under these laws, it is illegal to discriminate against or deny employment to individuals based on their disability or medical condition. FEHA covers a broader range of employers than the ADA, applying to businesses with five or more employees, compared to the ADA’s 15-employee threshold.
Employers are required to engage in what is known as the “interactive process,” a collaborative effort between the employee and employer to find a suitable accommodation. This process must be carried out in good faith, meaning the employer cannot dismiss or ignore a request for accommodation without proper consideration.
How to Request Accommodations
If you are an employee seeking accommodations in California, the first step is to notify your employer of your need. While you are not required to disclose your entire medical history, you do need to provide enough information to establish that you have a disability and that you require accommodations. A doctor’s note or medical certification is typically sufficient to validate your request.
Once your request is submitted, your employer must begin the interactive process. This conversation is meant to explore potential accommodations that will allow you to perform your job. Employers are not obligated to provide the specific accommodation you request, but they are required to find an alternative that meets your needs if your original request is not feasible.
Employer Responsibilities and Limitations
Employers in California have a legal obligation to provide reasonable accommodations unless doing so would cause “undue hardship.” Undue hardship is defined as an accommodation that would be too difficult or expensive to implement, taking into account the size and resources of the business. In most cases, large businesses are expected to make more significant accommodations than smaller ones.
Importantly, employers cannot retaliate against employees for requesting accommodations. If an employee is demoted, terminated, or otherwise treated unfairly after making such a request, the employer may be in violation of state and federal laws.
Secure Your Right to Reasonable Accommodations
Accommodations are a key part of ensuring workplace equality for employees with disabilities or medical conditions. At Sirmabekian Law Firm, we are dedicated to ensuring that employees receive the reasonable accommodations they are entitled to under California law.
If your employer is failing to meet their legal obligations or violating your rights, our experienced employment law attorneys are here to provide the guidance and representation you need. With over 15 years of combined experience, we will work tirelessly to make sure your voice is heard and your rights are upheld. Contact us for a free consultation today.