When you go to work in California, it carries a lot of responsibility. For certain workers, even being injured won’t stop them from clocking in to provide for their families. Others have to overcome physical or mental disabilities just to earn their paycheck. When employers try to discriminate against these hardworking employees, it not only shows a lack of respect, but it may be against the law.
California’s anti-discrimination and retaliation laws provide extensive protections for all workers, including those that request what is known as a “reasonable accommodation” for their disability. Whether the disability is temporary or permanent, employers have to take steps to make the work environment safe and willing to fit their needs.
Contact Maison Law If You’ve Been Discriminated Against At Work
At Maison Law, our team of experienced, dedicated California employment lawyers are passionate about helping clients in disability accommodation cases and can help you navigate the legal process.
We understand the importance of reasonable accommodations and will work tirelessly to ensure that you receive the accommodations that you are entitled to. Contact us today to schedule a free consultation and take the first step toward getting the justice and support that you deserve.
What Constitutes a Disability in California?
In California, disability is defined broadly under both state and federal law. Under California’s Fair Employment and Housing Act (FEHA), a disability is defined as:
- Any physical or mental condition that limits a major life activity.
Major life activities can include things like:
- Walking
- Seeing
- Hearing
- Speaking
- Breathing
- Working
This definition also includes individuals who are regarded as having a disability, even if they do not have a physical or mental impairment that substantially limits a major life activity. Workers in California are not only covered by the FEHA, but by the federal Americans with Disabilities Act (ADA).
It’s important to note that the definition of disability is not limited to only certain conditions or diseases. Instead, it encompasses a wide range of physical and mental conditions that can limit a person’s ability to perform major life activities. Some of the more common types of disabilities that may be covered under the law include:
- Physical impairments, such as amputations, blindness, deafness, paralysis, and chronic pain
- Mental health conditions, such as anxiety disorders, depression, bipolar disorder, and schizophrenia
- Neurological disorders, like cerebral palsy, epilepsy or multiple sclerosis
- Chronic illnesses, including HIV/AIDS, cancer, and diabetes
- Learning disabilities, such as attention deficit hyperactivity disorder (ADHD), dyslexia and autism spectrum disorder
While having a disability provides employees with legal protection in California, the law is also clear in that it requires employers to make certain adjustments for these workers so that they can continue contributing in the workplace.
What Are Reasonable Accommodations For a Disability in California?
The other part of California law as it relates to employees with disabilities involves employers being required to provide reasonable accommodations to ensure that these employees have equal opportunities in the workplace. A reasonable accommodation is:
- Any modification or adjustment to a job or workplace that enables a qualified employee with a disability to perform the essential functions of the job.
Examples of reasonable accommodations that may be required in the workplace for employees with disabilities include:
- Providing screen readers, hearing aids, or other assistive technology
- Modifying work schedules, such as allowing for flexible hours or different shifts
- Making physical changes to the workplace, such as installing ramps, accessible restrooms, or lowered countertops
- Adjusting job duties, such as reassigning tasks or providing additional training
- Granting time off for medical treatment or recovery from an injury
- Allowing for telecommuting or remote work options
- Offering modified break schedules or additional rest breaks
- Providing a sign language interpreter or real-time captioning for employees who are deaf or hard of hearing
- Modifying procedures or performance standards for employees with certain disabilities, such as dyslexia or ADHD
- Providing ergonomic equipment, such as adjustable desks or chairs, to employees with physical disabilities
It’s important to note what actually determines whether an accommodation is reasonable depends on the specific facts and circumstances of each case. Importantly, employers are not required to grant accommodations that would cause “undue hardship”, where the employer would have to go through a significant difficulty or expense to give the accommodation.
What is the Good Faith Interactive Process?
When you request an accommodation, your employer must engage in a:
- Good faith interactive process with you to determine what accommodations may be necessary and reasonable.
This process typically involves a back-and-forth dialogue between you and your employer to identify potential accommodations that would enable you to perform the essential functions of your job.
The good faith interactive process with your employer requires the following steps:
- Your employer must initiate the process by notifying you of your right to request a reasonable accommodation.
- You must inform the employer that you have a disability and require accommodation.
- You and your employer must engage in an interactive process to identify potential accommodations.
- Your employer must assess the effectiveness of each potential accommodation, and determine if it would cause undue hardship.
- Your employer must implement the chosen accommodation if it is determined to be reasonable and does not cause undue hardship.
During the interactive process, your employer must consider all possible reasonable accommodations, including those that you may suggest or those that your employer has implemented for other employees in similar situations. Finally, your employer must also provide a written notice to the employee if an accommodation is denied, explaining the reasons for the denial.
Filing a Failure to Accommodate Claim in California
When your employer fails to make a reasonable accommodation, the law allows you to take legal action against them to hold them accountable. Usually, this involves filing a claim for damages. In a failure to accommodate claim, the process is even more linear than a typical discrimination claim. Usually, the process for these claims includes the following steps:
- Notifying your employer – The first step is to notify your employer that you require a reasonable accommodation due to your disability. This notification should be in writing and should include a description of your disability and the specific accommodations you are requesting.
- Engaging in the interactive process: Once you have notified your employer of your disability and requested accommodations, your employer is required to engage in the good faith interactive process with you. During this process, you and your employer will work together to identify potential accommodations that would enable you to perform the essential functions of your job.
- Documenting the process – Throughout the interactive process, it’s important to document all communication with your employer, including emails, memos, and meeting notes. This documentation can be useful if you need to file a claim later on.
- Filing a complaint with the DFEH – If your employer fails to provide you with a reasonable accommodation after engaging in the interactive process, you may be able to file a claim with the California Department of Fair Employment and Housing (DFEH). You can do this by completing a DFEH complaint form and submitting it to the DFEH. The DFEH will investigate your claim and may attempt to resolve the dispute through mediation or conciliation.
- Filing a lawsuit – If the DFEH is unable to resolve your claim, you may be able to file a lawsuit in court. It’s important to speak with an experienced employment lawyer before taking this step to ensure that you have a strong case and to understand the potential risks and benefits of filing a lawsuit.
Ultimately, your failure to accommodate claim will rely on the facts, circumstances, and evidence you have around your case. By working with our team of experienced California employment lawyers, we can guide you through the complexities around these cases and what to expect throughout the process.
Experienced Guidance and Legal Support From California Employment Lawyers
When your employer doesn’t provide you with reasonable accommodations for your disability, they will have violated your workplace rights. Holding your employer accountable for this is important, but it can be a difficult process.
At Maison Law, we provide all of our clients with the experienced legal guidance that they need during this difficult time. If you have been discriminated against at work because of your disability, don’t hesitate to contact us today to schedule a free, no-obligation consultation.
