A reasonable accommodation is a modification or adjustment to a job, work environment or the way things are usually done that allows an employee with a disability to perform the required functions of their job. Under FEHA, employers are required to provide these accommodations as long as they do not cause an “undue hardship” on the business.
San Francisco Reasonable Accommodations Attorneys
The discrimination lawyers at Minnis & Smallets help employees who have been subjected to discrimination because of their physical or mental disabilities.
California’s Fair Employment and Housing Act (FEHA) and federal law require employers to provide reasonable accommodations to disabled employees if the accommodations do not cause undue hardship, such as significant expense or difficulty. Disabled employees may request their employers to reasonably accommodate any work limitations caused by the disability.
What reasonable accommodations are employers required to provide?
Reasonable accommodations are modifications or adjustments employers make to allow disabled employees to perform the essential functions of their jobs. Reasonable accommodations can include:
- paid or unpaid leave of absence for treatment or recovery
- delegation of non-essential job duties
- time off for medical appointments
- flexible work schedule
- modification of employer policies or expectations
- transfer to a vacant position
- making work stations and facilities readily accessible
- job restructuring or other tools allowing disabled employees to perform their jobs
Where can I get legal help?
At Minnis & Smallets, our lawyers have protected the legal rights of many disabled executives, professionals, and employees who need reasonable accommodations to perform the essential functions of their jobs. Please call us at 1-415-551-0885 or use our contact form.
FAQs About Reasonable Accommodations in California
Who is Eligible for a Reasonable Accommodation?
Employees who have a known physical or mental disability that limits a major life activity are eligible for reasonable accommodations. The disability can be temporary or permanent, and the employee must be able to perform the necessary duties of their role with the accommodation in place.
How Can Employees Request a Reasonable Accommodation?
An employee can start the process by informing their employer that they need a change at work due to a disability or medical condition. While a verbal request is sufficient, it is often best to submit the request in writing to create a clear record of the communication.
What Should Employees Do If Their Accommodation Request Is Denied?
If an employer denies a request, the employee should first try to understand the reason for the denial and engage in an “interactive process” to find an alternative solution. If the employer refuses to engage in this process or the denial seems unlawful, the employee may need to explore legal options.
How Can an Attorney Help with Accommodation Issues?
An experienced employment attorney offers crucial guidance throughout the accommodation process. They can help an employee understand their rights, communicate effectively with their employer and take legal action if the employer fails to provide a required accommodation or retaliates against the employee for making the request.
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