Reasonable Accommodations

A:  A qualifying employer should take reasonable steps to ensure that you are able to perform the essential duties expected of you as part of your job, as long as it does not impose an “undue hardship” on the employer to do so.

A:  Reasonable accommodations can include steps such as changing job duties, providing leave for medical care, changing work schedules, relocating the work area, and/or providing mechanical or electrical aids.

A:  If you fall under either the ADA’s or the FEHA’s definition of someone with a “disability” or “medical condition”, then you may have a right to reasonable accommodations at your work.  In order to receive protections under state law, the disability has to make it more difficult for a person to engage in major life activities, such as walking, eating, or interacting with others socially.

A:  Both the ADA and the FEHA protect job applicants as well as people who are already employed.  The law prohibits discrimination against individuals with disabilities in the hiring process.  This means that an employer cannot choose to turn down your job application because they perceive or you disclose that you have a disability, but it also means that the employer must consider whether they can make reasonable accommodations to enable you to compete for a job opening.  At the same time, you still must be “qualified” for the job—that is, your disability will not prevent you from performing some essential part of the position.

A:  California’s disability discrimination laws require all employers with at least five employees (either in-state or anywhere else) to provide reasonable accommodations to all employees and job seekers.  Federal protections apply to employers of fifteen or more employees, as well as to employment agencies and labor organizations.

A: An employer is only required to take steps to provide you with a reasonable accommodation if they are aware of your disability, and generally it is expected that the employee or applicant provide notice to the employer of the disability and alert them to the need for accommodation.  Although there are no “magic words” or particular way to request an accommodation, you generally need to disclose enough detail to show that you have a legally-protected disability and need accommodation for it.  You can make this request to someone who represents your employer, like a human resources officer or supervisor.

A:  Once you disclose your disability and make a request for reasonable accommodation, an employer is required to take affirmative steps toward accommodating you, including by engaging in an “interactive process” with you to determine what accommodation can be made.  In this interactive process, you may be asked to work together with your employer in implementing changes to your job and/or work duties that permit you to fully engage in the workplace.  Because your participation in the interactive process may affect your rights and ability to sue your employer down the road if it mistreats you, it is important that you participate in this process to the greatest extent possible, make sure you retain records of each step along the way, and seek out third-party advocates, where applicable.

A:  When it would result in an “undue hardship” on the employer to provide an accommodation, the law does not require that an employer do so regardless.  It is very important to remember that just because an employer has not previously made the accommodation you are requesting or just because the change would result in some additional expenses does not mean that the request would be an undue hardship on your employer.  Facts that will determine whether your requested accommodation is reasonable or would cause undue hardship include things like the overall cost of the accommodation, your employer’s size and financial wherewithal, the kind of work that the company requires its employees to do, and your workplace’s physical layout.