Nearly 25% of adults in America deal with physical and mental disabilities. Although Americans with disabilities may face additional challenges in many aspects of life including at work, disabilities should never impact one’s status in the workplace. The Federal Americans with Disabilities Act (ADA), in addition to local State Laws, protect disabled employees from discrimination, and grant employees the right to workplace accommodations. A reasonable accommodation is considered a change to an employee’s work environment, work duties, or work schedule that will allow them to perform their job, as long as it does not cause “undue hardship” to the employer. There are numerous kinds of reasonable accommodations, and they are granted on a case by case basis.
Who is eligible for a Reasonable Accommodation?
Individuals with short-term or chronic health conditions may be eligible for a reasonable accommodation at work. Under California law, a qualifying disability is considered to be a condition that limits a major life activity, it can be a physical or mental disability or impairment, or a medical condition such as cancer or HIV/AIDS. Disability is likewise not a permanent state; it can be short-term or long-term and one can become disabled or non-disabled during the course of one’s employment.
Additionally, employees who need to care for a child, spouse, partner, parent, grandparent, grandchild, or sibling dealing with a qualifying disability or medical condition may also be eligible for reasonable accommodations at work.
What is a Reasonable Accommodation?
Disability employment law requires employers provide employees with reasonable accommodations. A reasonable accommodation is considered a change to an employee’s work environment, work duties, or work schedule that will help them perform their job. Time off can be considered a reasonable accommodation under California law. It is unlawful and discriminatory for your employer to fail to provide you with a reasonable accommodation, so long as it does not cause “undue hardship” to the employer. If you request an accommodation, your employer must provide one or engage with you in a good-faith interactive process to attempt to provide a reasonable accommodation.
Five Common Examples of Reasonable Accommodations:
Time-Off: Job-protected leave is a common accommodation that allows employees to take time off from work to care for themselves or their loved ones, without sacrificing their employment. Under federal law, employers with 50 or more employees are required to provide disabled employees who qualify with up to 12 weeks of job-protected leave under the Family Medical Leave Act (FMLA). In California, employers with 5 or more employees are required to provide disabled employees who qualify with up to 12 weeks of job-protected leave under the California Family Rights Act (CFRA). CFRA and FMLA leave also cover employees who need to take leave to care for a child, spouse, partner, parent, grandparent, grandchild, or sibling dealing with a qualifying disability or medical condition. In order to qualify for FMLA or CFRA leave, an employee has to have worked a minimum of 1250 hours for the employer over the past year. If you need accommodation in the form of leave that extends the FMLA/CFRA leave, then providing additional leave can also be a form of workplace accommodation.
Job Restructuring: Modifications to job duties is a common form of accommodation. Job restructuring may involve things like reallocating or redistributing or otherwise altering job functions or job tasks that an employee is unable to perform due to their disability. For example, if an employee who typically lifts heavy boxes as part of their daily duties develops a back injury, they may be excused from heavy lifting and reassigned to light duty activities.
Schedule Changes: Individuals with qualifying conditions or circumstances may request schedule changes as a form of reasonable accommodation. If, for example, you need to attend a weekly doctors’ appointment, or be home by 3pm to care for a sick family member, you may be able to alter your schedule in order to accommodate your out-of-office needs.
Environmental/Technological Modifications: Employees dealing with qualifying disabilities may also request physical modifications to the workplace as a form of accommodation. For example, they may request an accessible parking spot if they have mobility issues or an adjustable desk if they have ergonomic issues. Service animal permits, large print training materials, assistive technology devices, braille, sign language interpreters, screen readers, and telecommunication devices may also be provided as a form of reasonable accommodation. Environmental and technological modifications are a common accommodation at work.
Reassignment: For an employee who is unable to perform in their role due to a disability, requesting to transfer to a different vacant position within the company may be a viable reasonable accommodation. In order to be reassigned to a new role, an employee must be qualified for the new position, and must be able to perform the positions essential functions.
Can My Employer Deny my Request?
If you (or a family member) have a qualifying disability resulting in the need for an accommodation, your employer must engage in a good faith attempt to accommodate you. So long as the requested accommodation does not place undue hardship on the employer, they are required to work with you in good faith to find a solution. Failure to accommodate an employee is a form of disability discrimination, and may give rise to legal claims.
The law protects employees who request reasonable accommodations. Your employer may not retaliate against you for requesting an accommodation. The law additionally protects employees who report unlawful discrimination or failure to accommodate at work. If you make a complaint of discrimination or failure to accommodate to your employer, resist discrimination or failure to accommodate in the workplace, or participate as a witness in a discrimination or failure to accommodate complaint, your employer may not treat you unfavorably as a result. If your employer has treated you differently because you reported or resisting any form of discrimination or harassment, your employer has retaliated against you and broken the law.
Reach Out to an Employment Attorney.
If you have questions about how or when to request an accommodation, if you been wrongfully denied an accommodation, or if you have been retaliated against for requesting an accommodation, reach out to an employment attorney. Navruz Avloni is an employment attorney dedicated to fighting for your rights in the workplace. We represent clients across California, with offices in Los Angeles, San Jose, and San Francisco. Schedule a consultation to get started.
