Many people with disabilities have no choice besides working to make a living and continue supporting their family. Although some disabilities can prevent employees from efficiently performing their job duties, employers can provide their disabled employees with a reasonable accommodation. Reasonable accommodations can help employees continue to perform their jobs, even with a disability.
Did you request a reasonable accommodation? Were you denied an accommodation? Depending on the details of your claim, you might have grounds to take action against your employer. If you would like to learn more about your right to request a reasonable accommodation and take action against your employer (if your request is ignored), do not hesitate to seek legal assistance with the experts at California Labor Law Employment Attorneys Group as soon as possible.
The employment attorneys at our firm are ready to provide you with all the information that you need to take action against your employer. If you would like to discuss your claim with the lawyers at California Labor Law Employment Attorneys Group, you should contact our firm today.
Your Right to a Reasonable Accommodation
There are many laws that establish your rights as a disabled employee. The Americans with Disabilities Act (federal) and the Fair Employment and Housing Act (state) both prohibit employers from discriminating employees based on their disabilities. These laws also require employers to provide employees with reasonable accommodations, except in the instance of undue hardship. Similar to these laws, the Family Medical Leave Act (federal) and the California Family Rights Act (state) give employees the right to go on leave for their disability – which could be considered another form of accommodation. If you would like to learn more about your right to be reasonably accommodated for your disability, do not hesitate to seek legal assistance as soon as possible.
How Can a Disabled Employee Request a Reasonable Accommodation?
There is no formal process of requesting a reasonable accommodation. Instead, requesting a reasonable accommodation is as simple as informing the employer of the need for a change at work due to a disability or medical condition. Do disabled employees have to mention any specific laws or the words “reasonable accommodation?” As a disabled employee, you can ask for a reasonable accommodation without ever addressing any laws or specifically stating that you need a reasonable accommodation.
Requesting a reasonable accommodation can be as simple as the following hypothetical statements:
- I was recently diagnosed with Diabetes and will need additional breaks throughout the day to check my glucose levels and take insulin.
- I was diagnosed with a condition that requires me to receive treatment three times a week before my scheduled start time. My treatment is preventing me from getting to work on time on these days.
- I suffered a back injury that has made it difficult to sit at my desk all day. My doctor recommended a standing desk to allow me to continue working pain-free.
In addition to employees approaching their employers directly to inform them of the need for accommodations, third parties could also contact the employers and make the request for accommodation. Third parties could include family members and medical professionals, for example. Without a doubt, it could be distressing to think about approaching your employer and asking for an accommodation. However, you have the right to be accommodated for your disabilities. You should exercise this right.
Is Documentation Required when Requesting a Reasonable Accommodation?
Will you need to provide proof of your disability to receive reasonable accommodation? Although not always the case, it is possible for employers to request documentation. Employers can only request documentation when the disability and/or need for reasonable accommodation are not obvious. The employer can only require documents directly related to the disability that needs accommodation. No unrelated documents (such as full medical records) can be requested. In general, documentation from medical professionals is enough to prove the disability and need for accommodation. Some employers might not request documentations; rather, they might try to simply discuss the situation with the employer – asking a number of questions about the disability, how the disability limits the employee in the workplace, and the accommodations that could benefit the employee, for example.
How Should Employers React to Requests of Accommodations for Disabilities?
After speaking to an employer regarding the need for an accommodation in the workplace, employees should expect their employees to respond and react promptly. Employers should start a discussion with the employer in need of an accommodation. As previously mentioned, the process of requesting an accommodation is straightforward and informal. Employers are likely to ask a few questions, some of which might include the following:
- What disability is causing the need for an accommodation (is the disability is not obvious)?
- How has your disability affected you in the workplace?
- How has your disability prevented you from doing your job?
- How has your disability made it difficult/painful to perform your normal job duties?
- What accommodation do you suggest could make it easier for you to perform your job?
These questions allow both parties to discuss the situation and come to a conclusion – of what accommodation would be most suitable for the employee.
Are Employers Required to Provide the Accommodation Requested?
In some cases, disabled employees might directly request a specific accommodation. Although employees might assume that their employers are required to provide them with the exact accommodation that was requested, that is not the case. Employers are free to offer alternative accommodations as long as the accommodation is effective. This is usually the case when there are multiple accommodations that could all be effective. Although the accommodation suggested by the employee should be considered first, the employer has the final decision – and the final decision is lawful as long as the accommodation is effective.
How Fast Must Employers Provide Employers with a Reasonable Accommodation?
Unfortunately, many employers “agree” to provide employees with reasonable accommodation only to stall and delay the process as much as possible. Is your employer unnecessarily delaying the process of providing you a reasonable accommodation? Unnecessary delays in providing accommodations for disabled employees are likely violations of employment law. According to the law, employers must act urgently after receiving the request for reasonable accommodation. Therefore, the employer must act to ensure that the accommodation requested is provided within an appropriate length of time. If you believe that your employer is unnecessarily delaying your request for accommodation, do not hesitate to contact our firm today.
Was Your Request for a Reasonable Accommodation Denied or Purposefully Delayed?
Did you request a reasonable accommodation? Did your employer deny your request for an accommodation? Is your employer purposefully taking too long to provide you with an accommodation, preventing you from doing your job? If you are not provided with a reasonable accommodation by your employer, you might have grounds to take action against your employer. Depending on the details of your claim, you might also be eligible to receive compensation. If you would like to learn more about your right to take action against your employer, do not hesitate to seek legal assistance as soon as possible with the attorneys at California Labor Law Employment Attorneys Group.
California Labor Law Employment Attorneys Group is an employment law firm with many years of experience handling a variety of employment claims. Our law firm is dedicated to representing victimized employees and fighting for their rights in the workplace. At California Labor Law Employment Attorneys Group, we are dedicated to ensuring that all disabled employees have access to the legal assistance that they need to take action against their employers. Because of that, we offer both free consultations and free second opinions.
During both our free consultations and free second opinions, the knowledgeable attorneys at our law firm will be available to answer all your questions and address all your concerns – ensuring that you have access to all the information that you need to take action against your employer. Whether you are in need of beginning or continuing your claim, you could be certain that the employment attorneys at California Labor Law Employment Attorneys Group are ready to provide you with all the information that you need to hold your employer accountable for failing to provide you with a reasonable accommodation. If you would like to schedule a free consultation or free second opinion, do not hesitate to contact our law firm at your earliest convenience.
Our law firm is dedicated to ensuring that our clients have access to the legal assistance that they need. Because of that, we offer a Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients never have to worry about paying any upfront legal fees. Our firm is also strictly based on a contingency structure; therefore, our clients never have to worry about paying any fees until after reaching a successful claim outcome. If you would like to learn more about your rights to reasonable accommodation in the workplace, do not hesitate to seek legal assistance as soon as possible.