When Must California Employers Accommodate a Disability?
The Leichter Law Firm, APC, Los Angeles employment law attorney, Aryeh Leichter, believes all California employers know — or should know — disability discrimination is illegal under state and federal laws.
Once an employee makes it known that they are experiencing any type of disability protected under the Americans with Disabilities Act, employers who have 15 or more employees are usually required to provide reasonable accommodations. The California Fair Employment and Housing Act goes a step further and requires employers of five or more employees to provide reasonable accommodations for individuals with a physical or mental disability to apply for jobs and to perform the essential functions of their jobs.
What is Considered a Reasonable Workplace Accommodation?
Both state and federal protections state employees are entitled to “reasonable accommodations” for their disabilities, which are defined as those that do not produce undue hardship to the employer’s operation.
A reasonable accommodation is any change to the application or hiring process, job, the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities.
What Are the Obligations of the Employer?
To determine what is reasonable, an employer must look at the request made by the applicant or employee with a disability.
Whether or not an accommodation is reasonable will vary according to:
- The employee’s position.
- The way their disability affects their ability to do their job.
- The environment that they work in.
Reasonable accommodations may include:
- Provide reserved parking.
- Improve accessibility in a work area.
- Allow a flexible work schedule.
- Change the presentation of tests and training materials.
- Change job tasks.
- Provide an aid or a service to increase access.
- Provide or adjust a product, equipment, or software.
- Reassign to a vacant position.
While all employers, employees, and their reasonable accommodations may be unique to their workplace, it does not change the fact that they are required by law. If you believe your employer is failing to provide reasonable accommodations, The Leichter Law Firm, APC can help you pursue a disability discrimination claim against your employer.
Contact the Leichter Law Firm, APC Employment Lawyer in Los Angeles, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in Los Angeles County today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online today.