Many people who are disabled want to find gainful employment and make their own money, whether they were born with a disability or ended up with a permanent injury from an accident. Most disabled individuals are able to work in various work environments if they are given accommodations that can help them do their jobs effectively.
Providing accommodations that are within reason is a legal requirement for most employers in California. This way, those with a physical or mental health condition can have the chance to obtain employment and equal access to work opportunities like promotions and bonuses. In addition, employers are prohibited from terminating an employee when they ask for reasonable accommodations due to a temporary or permanent disability.
If you were unlawfully denied a disability accommodation by your employer, seek guidance from a workplace discrimination attorney as soon as possible. If your employer violated your right to a reasonable accommodation, you can file a claim for discrimination and demand compensation for your monetary losses. Contact California Labor Law Employment Attorneys Group today and speak with one of our legal experts if you were denied accommodations for a disability at your job.
What are Reasonable Accommodations?
Reasonable accommodations refer to any kind of modification, addition, or change that can help disabled workers perform their essential job functions and have equal access to opportunities offered by the employer. This can include changes in the work environment or the employee’s schedule. If it’s possible, the employee’s job duties can be modified, or they can be temporarily assigned to a different role.
It’s essential to remember that the accommodation must be reasonable based on the employer’s size, budget, industry, and other relevant factors. If the modification you are asking for places an undue hardship on the employer, they have a right to say no. The key is for both sides to engage in an open dialogue and be willing to compromise.
Examples of reasonable accommodations for someone with a physical or mental disability include:
- Special chairs, desks, and other office furniture (standing desks, for example)
- A more flexible schedule / reduced hours in order to attend regular doctor’s appointments
- Changes in the office layout to make it more accessible to the employee with a disability
- The option to work at home during certain days of the week
- Providing specialized keyboards, assistive readers, and other types of equipment
- Extra break times during the day to account for fatigue and other symptoms of their illness/ condition
At the end of the day, you have the right to ask for an accommodation that can help you do your job effectively. If your employer continues to deny a reasonable accommodation, you can seek protection under state and federal laws.
What are the Laws on Reasonable Accommodations?
As someone with a disability, it’s important to understand the laws that protect you from employment discrimination. One of the most recognizable laws on behalf of disabled individuals is the Americans with Disabilities Act (ADA). But you also have protections at the state level – for example, the California Fair Employment and Housing Act (FEHA).
These are just some of the laws that establish your right to seek reasonable accommodations from an employer. If your employer refuses to consider your request or says no to an accommodation that is perfectly within reason, you may have grounds to file a workplace discrimination lawsuit.
The Employer’s Right to Deny a Reasonable Accommodation
Making accommodations for a disabled employee is a collaborative process, and the employee’s resources and limitations must be taken into consideration. Thus, your employer has the right to deny an unreasonable accommodation, i.e., one that causes an undue hardship.
There are cases where an employee wants accommodations that would be difficult for the employer to provider. But most employees know what would work in their job environment, and they are willing to talk things out with the employer and make adjustments as needed. Some employers may find it inconvenient to make accommodations for those who are struggling with a temporary or permanent disability. However, employers have a legal duty to honor an employee’s request for changes and modifications to the best of their ability. On the flip side, employees must also think about what is fair and feasible for their employer.
My Employer Denied My Request – What Do I Do Now?
If your employer refuses to approve a reasonable accommodation request, you have the option of filing a government agency claim against your employer:
- File a disability discrimination complaint with the Equal Employment Opportunity Commission (EEOC), a federal agency that enforces U.S. employment laws.
- File a claim for workplace discrimination with the California Civil Rights Department if your employer violated state anti-discrimination laws.
- If you obtain a Right to Sue notice from either of these agencies, file a civil lawsuit to demand monetary compensation from your employer.
Contact a California Employment Rights Attorney
There is no denying that people with disabilities continue to be stigmatized by employers, who perceive them as less capable or a burden on their resources. In reality, most individuals with physical and mental disabilities can excel at many different workplaces when they are given reasonable accommodations. In recognition of this fact, there are many laws that protect your right to equal treatment by employers, whether you were disabled from birth, or you developed a permanent, disabling condition later on in life.
Our legal team recognizes that succeeding in a workplace discrimination lawsuit is an uphill battle for the average employee. Legal representation is the key to a victorious outcome, which we can provide you with here at California Labor Law Employment Attorneys Group. We also aim to protect your finances with the Zero Fee Guarantee, a system where all cases are accepted on contingency. You pay $0 at the point of hiring us, and we agree to accept a percentage of your settlement to cover the cost of representing you. In other words, we do not make a single cent unless you receive compensation from your employer.
Please take a moment to contact our law firm and learn about your rights and legal options during a free case review.
