Employees with disabilities or medical conditions often face unique challenges in the workplace. Federal and state laws aim to provide a level playing field by entitling qualified employees to reasonable accommodations. Understanding these rights is essential for employees to effectively advocate for themselves, especially in situations where accommodation requests are denied. Minnis & Smallets LLP helps employees understand what constitutes a reasonable accommodation, who qualifies and how to navigate a denial.
Reasonable accommodations refer to modifications or adjustments that allow employees with disabilities to perform essential job functions. The purpose of such accommodations is to ensure equal access to employment opportunities for affected employees.
Examples of reasonable accommodations can include the following:
While these adjustments may vary depending on the nature of the job and the individual’s specific needs, the key requirement is that they provide effective support without imposing an undue burden on the employer.
Eligibility for reasonable accommodations is grounded in legal protections provided for employees with disabilities. Under the California Fair Employment and Housing Act (FEHA), individuals who experience physical or mental impairments that limit a major life activity—including, but not limited to, walking, seeing, hearing or working—are entitled to reasonable accommodations.
It’s important to note that these protections apply only to employees who can perform the essential functions of their jobs, with or without reasonable accommodations. Essential functions are core job duties that cannot be removed without fundamentally altering the nature of the position.
Despite the broad rights afforded to employees under laws like FEHA, the obligation to accommodate employees is not unlimited. Employers may deny requests if providing the accommodation would impose an undue hardship.
An undue hardship typically refers to significant difficulty or expense for the employer. Factors such as the cost of the accommodation, the employer’s financial resources, the nature of the business and the impact on operations are weighed to determine whether a specific request is unreasonable.
If an employer denies a request for accommodation, employees may need to determine whether the denial was lawful. This process often begins with seeking advice from an experienced employment attorney. Legal counsel can review the specifics of the case, assess whether the employer met its obligations and identify next steps.
Employees may also file a complaint with the California Civil Rights Department (CRD). Before pursuing a lawsuit, individuals should exhaust administrative remedies by submitting a CRD complaint. If the CRD does not resolve the dispute, the individual may request a right-to-sue notice and proceed with litigation. Remedies for successful claims can include compensatory damages, reinstatement and injunctive relief requiring the employer to provide the requested accommodation.
For employees navigating the complexities of disability accommodations in the workplace, understanding legal rights is the first step toward achieving a resolution. Minnis & Smallets LLP provides the advocacy employees need. Contact our firm for trusted counsel and personalized attention. We’re prepared to help employees protect their rights to equal opportunities in the workplace.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
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