Reasonable Accommodation: What it Means in California
We have all heard of the term “reasonable accommodation,” but what is considered a reasonable accommodation? Does this phrase have a different meaning in California? If you have ever found yourself asking these questions, you are in the right place to know more. Many California employees are unaware they are entitled to reasonable accommodations and may not know their rights under the law.
This article will cover the basics of reasonable accommodation in California, provide reasonable accommodation examples, and explain how The Law Office of John P. Martin can help you with these, including your FEHA (ADA under federal law) reasonable accommodation employment case in San Diego.
What Is Considered a Reasonable Accommodation?
A reasonable accommodation is a term used to describe adjustments made in the workplace that allow employees with a disability to perform the standard functions of their job or have equal access to benefits and privileges available to all employees.
The American Disabilities Act (ADA) provides legal protection for employees with disabilities in the workplace and the FEHA (Fair Employment Act). The ADA mandates employers to make reasonable accommodations for qualified individuals with disabilities.
This accommodation is required under California state law, specifically under the California Fair Employment and Housing Act (FEHA). Employers must engage in good faith processes with employees who request a reasonable accommodation to determine the necessary and reasonable accommodations so long as it is not an “undue hardship” to the employer. Employers are also restricted from discriminating against workers or job applicants with disabilities and are required to provide equal employment opportunities to all working individuals.
A reasonable accommodation is not required to be made if doing so would cause an “undue hardship” on the employer. Undue hardship is determined by looking at a couple of factors, including the size and resources of the employer, financial costs, nature and structure of the workplace, and other accommodations already provided to employees. And the employer is required to engage in “good faith” discussions to the employee to see if accommodations are possible.
If your employer fails to provide reasonable accommodation and you can prove their liability, you may be entitled to recover damages, including emotional distress and attorney’s fees. In cases where the employer’s behavior is particularly blatant, punitive damages may also be pursued. Additionally, equitable relief such as reinstatement with backpay may be appropriate.
Reasonable accommodation examples can include, but are not limited to:
- Making existing facilities accessible
- Allowing flexible schedule
- Providing modified equipment or devices
- Altering work assignments
- Allowing unpaid leave for medical treatment or recovery
- Providing aid (mechanical or electrical)
- Job restructuring
Let us look at each of these in more detail.
Making Existing Facilities Accessible
An employer may be mandated to provide an individual with disability access to the same amenities as other employees, such as restrooms and cafeterias. Employers may need to provide wheelchair ramps, wider doorways, or lift devices in order to make these areas accessible for individuals with disabilities. Another example (not necessarily in the workplace) are veteran’s who use a dog for a disability (such as PTSD or a physical disability)
Flexible Schedule
Employers may need to provide employees with a disability with more flexible work hours or different work days in order to accommodate their needs. This may include allowing employees to start and end their workday earlier or later than others or take more frequent breaks.
Providing Aid
Employers may need to provide mechanical or electrical aid in order for an employee with a disability to make their duties easier and faster. Providing a sign language interpreter for an employee who is deaf or a reader for an employee who is blind is also a good aid.
Job Restructuring
In some cases, an employer may need to modify the job duties of an employee with a disability in order to make the job accessible for them. This could include allowing the employee to alternate between tasks or eliminating certain duties in order to accommodate their disability. The employer may also need to provide additional support or training.
Seeking Legal Help From an Employment Lawyer San Diego
If you are dealing with any form of workplace discrimination, contact an employment lawyer in San Diego for assistance. You do not want to face a discrimination or disability claim without legal representation. That is why you need the Law Office of John P. Martin on your side. Employment lawyers in San Diego can help you through the complexities of your claim and will ensure your rights are protected.
With years of dedication to employment law and reasonable accommodation cases, John P. Martin will fight to protect your rights as an employee. As your employment attorney, he will provide the legal assistance you need to get the justice and compensation you deserve. Contact our firm today for a consultation.
