Reasonable accommodations are any accommodation or adjustment to:
- The work or job tasks
- The way the work is performed
- The application or hiring process
- The workplace environment
These accommodations enable a person with a disability qualified for the position to carry out the essential duties of that position and benefit from equal employment opportunities. Accommodations are deemed "reasonable" if they do not pose an immediate threat or an excessive hardship.
That said, how does that work? Who can request these accommodations? And what types of accommodations can you ask from your employer?
Here's what our prescreened California Labor Law Attorneys have to say:
Are Employers Required To Provide Reasonable Accommodations For Disabled Employees In California?
Who Can Request Reasonable Accommodations In California?
If a person has a physical or mental impairment substantially limiting one or more major life activities, they qualify as "disabled" under the Americans with Disabilities Act. This means they are eligible for reasonable accommodations.
An employer may request medical evidence from a healthcare professional to validate the need for accommodation if a disability isn't immediately apparent. However, no one can obtain reasonable accommodations if they are just "perceived as" having a disability but do not.
Note that pregnancy can be considered a temporary disability, and workers are often granted a few schedule and work task changes.
If your employer denies you accommodation or trivializes your disability, consult a California Labor Law Attorney to assess your case for a potential claim.
Are Employers Required To Provide Accommodations In California?
Employers with 15 or more employees are often obligated to make reasonable accommodations under the Americans with Disabilities Act. In addition, employers with fewer employees may be required to make reasonable accommodations by some state and local regulations.
If your employer refuses to provide accommodations or retaliates against you for asserting your rights, contact a California Labor Law Attorney ASAP.
What Is Considered "Reasonable" Accommodations In California?
The keyword here is "reasonable." First, an employer must consider the request made by the candidate or employee with a disability to decide what is reasonable. Then, depending on the position the person occupies, how their disability impacts their ability to perform their job, and the workplace environment, it will be determined whether or not an accommodation is reasonable.
Accommodations that cause undue difficulty for the employer, especially ones who can't afford to provide what is asked, may not be considered reasonable. However, this doesn't mean that employer isn't going to make changes to accommodate an employee. Instead, what's going to happen is that the employer and the employee will work together and find common ground that's reasonable to both.
Contact a California Labor Law Attorney to help you if you have trouble or suspect discrimination.
What Are Examples Of Reasonable Accommodations In California?
Let's look at some of the most common types of disability accommodations employers provide in California:
- Scheduling changes that allow employees to time in and out at more convenient times for them
- Allowing an employee to work from home
- Giving employees tasks that are less physically demanding
- Making changes in the office or building, such as disabled parking, toilets, wheelchair ramps, etc.
- Reassigning an employee to another position with similar pay
If your employer refuses to provide you reasonable accommodations despite having 15 or more employees and having the capacity to make changes, you should contact a California Labor Law Attorney ASAP. Your prescreened California Labor Law Attorney can advise you on the best legal options to take.
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