Employee Reasonable Accommodations
Most companies employing California workers are required to provide a "reasonable accommodation" to any employee with a disability unless providing that accommodation would cause the employer to suffer an "Undue hardship."
When the employer learns that the employee has such a physical or mental disability, the employer must engage in an “interactive process” with the employee to identify: (a) whether the employer can provide the employee with a reasonable accommodation that will allow the employee to perform his or her essential job functions; and (b) what that accommodation might be.
In considering whether an accommodation is reasonable, the employer must consider the particular circumstances of that job position and the physical or mental limitations caused by the employee’s disability. Depending on the facts of the specific case, a reasonable accommodation may include a wide range of actions, including changing the employee’s job duties, allowing the employee to take leave, adjusting the employee’s work schedule, relocating the employee’s work area, or providing the employee with certain furniture or equipment.
When an employee’s disability or need for accommodation is not apparent to the employer, the employer may require the employee to provide medical documentation (e.g., a doctor’s note) substantiating the employee’s need for a reasonable accommodation. The information requested by the employer should be limited to a verification that an accommodation is necessary and the limitations of the employee. An employer requesting the employee’s actual diagnosis would likely violate the employee’s privacy rights and could subject the employer to liability.
Employers are not required to grant an accommodation if doing so would pose an undue hardship on the employer. Whether a particular accommodation would constitute undue hardship varies depending on the circumstance of that case. Cases where employers are justified in not granting an accommodation typically involve circumstances where the accommodation is very expensive, difficult to provide, or highly disruptive and/or the accomodation would require the employer to fundamentally change its business, or would not allow the employee to perform his or her essential job functions.
California Employee Reasonable Accommodations Lawyers
Employees who would like accommodation for a mental or physical disability would be wise to ensure their employer knows about that disability and to engage in the interactive process with their employer to determine what reasonable accommodations, if any, may allow them to perform their essential job functions. If an employer fails to engage in the interactive process or fails to grant a reasonable accommodation, the employer may be violating the law and could owe the employee additional compensation. The lawyers of Franklin Law are eager to fight for workers whose rights are violated.
We Fight For Workers' Rights
If you believe your employer has failed to engage in the interactive process or provide you a reasonable accommodation, or you are an employer seeking to navigate workplace accommodation laws, we encourage you to schedule a Free Consultation so that the attorneys of Franklin Law can help you.
