Most people with a disability need to make a living, just like everyone else, and having a job is very important to them. There are certain jobs that you may not be able to perform as a result of your disability. However, many workplaces can provide accommodations that make it possible for the worker to perform essential job functions.
Did you talk to your employer about a reasonable accommodation because of a serious medical condition? If your request was denied, you should talk to a lawyer to see if your employment rights were violated. If so, you may have the right to pursue a disability discrimination lawsuit with help from the attorneys of California Labor Law Employment Attorneys Group. We are ready to provide answers to your questions and help you formulate a plan of action. Call us 24/7 to schedule a private consultation, completely free of charge.
Your Right to Seek Reasonable Accommodation
As someone with a temporary or permanent disability, your right to reasonable accommodations is protected by various statutes, including the Americans with Disabilities Act. The state of California’s Fair Employment and Housing Act (FEHA) is another law that offers valuable protections against employment discrimination.
Essentially, you are allowed to ask for accommodations within reason, and what this means will be different from one employer to another. For example, some employers have the means to purchase mobility aids and assistive technology to help workers with a disability. If you work for an employer with multiple locations, perhaps you can be assigned to another office or position that’s better suited for your needs. But if you work for a small business, having a more flexible schedule and eliminating non-essential duties may be considered “reasonable accommodations.” Depending on the industry and what you do for the company, maybe you can be allowed to work from home on certain days.
These are just some of the suggestions that you can discuss with your employer if you need accommodations for a physical or mental disability. You may also have the option of taking long-term medical leave for up to 12 weeks under the Family Medical Leave Act and the California Family Rights Act. This is unpaid leave, but your employer cannot fire you on the basis of requesting or taking medical leave if you meet the requirements under the FMLA or the CFRA.
How Do I Request a Reasonable Accommodation?
Technically, there is no formal procedure for how to ask for a reasonable accommodation. So, the process can be as simple as telling your employer about your condition and asking for modifications that can help you. However, we recommend that you do this in writing, which will allow you to clearly spell out what your needs are, while having proof that you made a formal request to your employer. At this point, your employer cannot blatantly say no or ignore the subject altogether. They must engage with you and try to come up with solutions that are feasible for all the involved parties.
Frankly, requesting a reasonable accommodation for a disability doesn’t have to be complicated. Take a look at the following statements to get an idea of what you can say to your employer:
- I was recently diagnosed with diabetes and need to take additional breaks during the day to monitor my blood sugar and take insulin.
- Because of my cancer, I will need to leave work early one day a week for chemotherapy. This will allow me to complete my treatment and have enough time to rest afterwards.
- I have a recurring back injury that is making it difficult to sit for long periods of time. My doctor believes that a standing desk will help me to work with less pain.
Please note that it doesn’t have to be the employee that makes a request for reasonable accommodations. A doctor, family member, social worker, and other third parties can contact the employer and request changes, additions, etc., to accommodate a disability. Most workers do not need this option, but it’s good information to keep in the back of your mind, just in case.
What Documentation Do I Need to Provide My Employer?
You do not need to present any sort of documentation along with your request for reasonable accommodations. However, your employer is likely to ask for proof of whatever condition you have before they approve the request.
Keep in mind that your employer can only ask for documents that have to do with the disability you are claiming as justification for an accommodation. So, they cannot ask you for information related to another medical issue or your full medical history. Additionally, employers cannot ask for proof when your disability is obvious (you are in a wheelchair, for example).
Some employers will not ask for documentation, but instead, try to have an open discussion with the employee about their illness, injury, etc. and how it affects their ability to navigate their work environment and complete work-related tasks.
What Should I Expect from My Employer after Requesting Disability Accommodations?
Once you have approached the subject with your employer, there should be a discussion to learn more about your medical needs and the accommodations you are seeking. For example, they may ask to meet with you for a private, one-on-one discussion in their office. It may be awkward to discuss your disability with your employer, but it’s important to approach the situation with honesty, an open mind, and willingness to compromise. Some of the questions that you may be asked by your employer include:
- What is the medical condition that is causing the need for a job-related modification?
- Howe does your disability affect your ability in the workplace?
- Have there been instances where doing your job was difficult because of your disability?
- What accommodations can you suggest that would be helpful to you?
These questions may seem invasive to some people, but it’s a way to facilitate conversation and come to an agreement on ways to help the employee without placing an undue hardship on the employer.
Are Employers Legally Required to Approve My Request?
It depends on the accommodation and whether it can be reasonably provided by the employer. Employers differ in size, services, industry, profits, and many other ways that play a role in what they can offer to someone with a disability. In short, an employer does not have to yes to an accommodation that significantly compromises their finances and/or daily operations.
This is where the part about compromise comes in for both the employer and employee. The employer can offer alternatives to what was requested by the employee, and the employee can choose to accept the offer or suggest something else. Ultimately, what matters is the employer’s willingness to interact and come up with effective solutions, and implanting whatever is agreed upon in a timely manner.
How Long Do I have to Wait for My Employer to Provide the Requested Accommodation?
Employers are required to provide accommodations that are agreed upon as soon as possible, so, this is a bit tricky, as they are not bound by a specific timeframe. Nevertheless, it should not take weeks or months to implement certain changes, like allowing you more time in the morning to get to work or letting you leave earlier one day a week for doctor’s appointments.
Do you feel that your employer is using stall tactics and engaging in other acts of bad faith to deprive you of a reasonable accommodation? Your employer may be in violation of federal / state laws if they are failing to provide disability accommodations within a reasonable amount of time. You should contact our law firm immediately if you believe that your employer is depriving you of your rights as a disabled employee. We can look into what is going on between you and your employer and figure out if they are 1) taking too long to implement an accommodation that is within reason; 2) if they are deliberately taking too long to honor your request for an accommodation, thereby preventing you from equal accessibility and opportunities in the workplace.
Based on the details of your experience, you may wish to file a discrimination complaint or lawsuit against your employer and seek monetary damages, like lost wages, pain and suffering, and compensation for lost job benefits.
Our Law Firm is Here for You
Our team of disability discrimination lawyers can help you explore your rights and legal options if your employer is refusing to provide you with reasonable work-related accommodations. We have dedicated many years to representing workers in the Los Angeles area who are subjected to unfair treatment based on a medical condition. If you are in need of skilled and effective representation against an uncooperative employer, look no further than California Labor Law Employment Attorneys Group.
Those who wish to hire us pay $0 out of pocket, since all legal expenses are charged to your employer and paid at the same time as your settlement. This is our promise to you under the Zero Fee Guarantee, so you have the assurance of knowing that you owe us $0 if the case is not resolved in your favor.
Contact our Los Angeles employment lawyers today to schedule a free, no-obligation case review.
