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What is a Reasonable Accommodation in Terms of Employment?
According to the ADA National Network, a reasonable accommodation in terms of employment is “any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process or to perform essential job functions.” This means that if you require accommodation to do your job due to a disability, the work environment should allow you accommodation so that you can continue performing your job. There are many different types of reasonable accommodation in employment. Some examples of these could be physical accommodations, like installing a ramp or armrest or modifying a restroom, or modifications in policies and practices, like providing enhanced communication channels or modifying procedures.
It is important to note that reasonable accommodations do not include the following:
- Changing job duties
- Providing leave for medical care
- Changing work schedules
- Relocating the work area
- Providing mechanical or electrical aids
Today, it is also crucial to understand that not all disabilities are physical, and mental disabilities can also qualify for reasonable accommodations in the workplace.
What Are the Employer’s Responsibilities in Providing Reasonable Accommodations?
In California, we have the California Fair Housing and Employment Act. In order for this act to apply, specific criteria must be present.
One requirement for accommodations is that the worker can do the job with the accommodation but can’t perform the same job without it. Another criterion is that the accommodation must not pose a financial hardship for the employer to maintain. It is important to note here that the task of providing reasonable accommodation will be at the employer’s expense. In California, a negotiation process takes place immediately after 1 week of the employee disclosing their disability or requesting accommodation for work. Employees do not have to disclose much information about their medical history when requesting these accommodations. An employer also cannot fire an employee for requesting reasonable accommodation at work.
The California Fair Housing and Employment Act is not the only law that requires employers to provide reasonable accommodations. The Federal Americans with Disabilities Act also requires an employer to provide reasonable accommodation for the known physical or mental limitations of a qualified individual with a disability. More information on your rights as an employee with a disability can be found on the U.S. Equal Employment Opportunity Commission’s website.
What To Do If Your Employer Will Not Provide Reasonable Accommodations For You?
If your employer will not provide reasonable accommodations for your disability, you have options, and we will be here every step of the way. First, finding a qualified and experienced employment lawyer who knows what to do in high-stress situations is essential. We have experience with these situations at Odell Law, PLC, and can help you with your next move, which may include filing a complaint under the federal Americans with Disabilities Act (ADA) and with the Equal Employment Opportunity Commission (EEOC). This is the federal agency that enforces the ADA. Working with an experienced employment attorney can help you understand what to do about the situation and how to do it best. It is important to note that before filing a complaint with the Equal Employment Opportunity Commission, you must ensure you have specifically requested reasonable accommodation from your employer. If no accommodation is provided or the request gets denied for a reason that is not allowed under the law, you can file your complaint, usually with a statute of limitations of only one year.
Here at Odell Law, PLC, We Want to See You Succeed
We understand how upsetting it can be when your employer refuses your request for reasonable accommodations. We know there is a lot of information to sort through. We want you to be able to work efficiently and effectively at your job with the necessary accommodations you need to succeed. More importantly, we want you to succeed! We have lawyers who are passionate advocates for your safety and rights and are determined to help you advocate for yourself. Here at Odell Law, PLC, we understand that each situation is unique. We listen to what you need and tailor our assistance to do what is best in your case. We want to help you thrive in your work environment. To learn more about your rights as a disabled employee and your options for protecting yourself, contact an experienced employment lawyer for a free consultation call at Odell Law, PLC, today: 949-833-7105.
