Employees with disabilities in California are protected by laws that guarantee their right to accommodations in the workplace. However, there is a process for requesting accommodations from your employer and ensuring that the request is within reason.
The process of requesting disability accommodations requires an understanding of your rights, figuring out the accommodations necessary to perform your job duties, and initiating a conversation with your employer. If your employer refuses to engage in the process or denies your request for reasonable accommodations, you should contact a lawyer with many years of experience in disability discrimination cases. California Labor Law Employment Attorneys Group is here to guide you through the legal system and ensure that justice is achieved on your behalf.
How to Make a Request for Workplace Accommodations
Are you having challenges that get in the way of performing your job, accessing employee benefits, or participating in the hiring process? If so, you can take the steps listed below to request accommodations from your employer.
Understanding Your Legal Rights
Fortunately, California is very progressive when it comes to protecting the rights of disabled workers. Both mental and physical disabilities are protected characteristics, as defined by the California Family Rights Act and the Fair Employment and Housing Act. Failure by employers to provide workplace accommodations that are reasonable constitutes disability discrimination.
Identify the Accommodations You Need
Before you can request accommodations from your employer, you will need to identify the problems you are facing in your ability to perform specific job functions. Then, you must figure out potential accommodations that can be made to address these issues. While your employer has an obligation to honor reasonable requests, it’s up to you to determine your own individual needs.
How to Initiate a Dialogue with Your Employer
Start by speaking with your immediate supervisor or someone in Human Resources. In your communications, clearly state your disability / medical condition and how it affects your ability to handle certain tasks that are associated with your job. Make sure that you are prepared to show medical records and other supporting documentation.
Submit Your Request in Writing
All requests for reasonable disability accommodations should be made in writing. This way, both you and the employer have a record of the request with a clear explanation of the accommodations you need and how they will help you accomplish your job duties. Then, attach medical diagnoses, doctor’s opinions, and other documents to make your request as compelling as possible. Make sure to keep a copy of the letter and any other correspondences on this issue.
Engage in the Process
Requesting disability accommodations is an interactive process, and participation from the employer is required. So, make sure to keep an open mind on possible accommodations and finding a mutually agreeable solution with your employer.
Keep All Records Related to the Request
We mentioned this before, but it is vital to keep all emails, physical letters, texts, etc. that’s related to your request for reasonable accommodations. In case there is a dispute between you and your employer, you may have grounds to file a discrimination complaint or a lawsuit. You will, of course, need documents to show that you made reasonable requests using the proper methods, and that your employer failed to do their part, as required by law. This is where communications between you and your employer play a crucial role.
How can a Lawyer Help You?
As someone who was unjustly denied disability discrimination in the workplace, a lawyer can be of tremendous help in asserting your rights and obtaining compensation for your monetary losses. A worker’s rights lawyer at our office will review your case and advise you of the available legal options during a free case evaluation. You may have grounds to file a claim against your employer for damages such as front and back pay, emotional distress, and reinstatement of your job / position.
Please note that in certain cases, it may be appropriate for doctors, family members, or designated advocate to ask for a disability accommodation on behalf of the employee, which is another option we can help you explore.
Common Disability Accommodations You can Request
If you’re wondering about the types of accommodations you can request as a disabled employee, here are some examples:
- Modifying office equipment
- Providing interpreters or readers
- Position restructuring
- Changing work shifts / schedules
- Modifications to training materials, policies, and tests
- Accessibility of facilities
- Assignment to another position
- Option to work remotely
- Medical leave
It’s possible that an employer cannot provide certain accommodations due to financial constraints, layout of the property, and other legitimate issues. If the accommodation poses an undue hardship, your employer is not obligated to provide the requested accommodation.
Help from a California Employment Attorney
The right to disability accommodations is a fundamental right under both federal and state laws. If your employer is not cooperating with you to meet your needs for reasonable accommodations, legal remedies are available to you under California law.
Our legal team is more than ready to fight for you and the justice you are entitled to. Along with strong and effective representation, we are prepared to offer you a Zero Fee Guarantee. That mean you pay us nothing upfront for the cost of legal services. Legal fees are deducted as a percentage of your settlement check, meaning that we have to win your case in order to get paid.
To schedule a free, no-obligation case review, contact our law firm today.
