Common Types of Reasonable Accommodations

Author(s):

Legal Content Writer

Natalie
Natalie graduated from Bowdoin College with dual degrees in Government & Legal Studies and Sociology. She has spent half a decade working as a paralegal for civil rights law firms in California where she gained knowledge and insight into the state’s workers’ rights laws surrounding discrimination, harassment, retaliation, as well as wage and hour. She continues her passion for workers’ rights in her role as a legal content writer.

Information verified by:

California Civil Rights attorney

Navruz Avloni
Navruz Avloni is a Trial Attorney & Social Justice Advocate. She holds a Juris Doctor degree from the University of California, Davis School of Law and has been practicing Employment & Labor and Civil Rights law for over 15 years. Attorney Navruz has been featured in The Guardian, the San Francisco Chronicle, Yahoo! Finance, Business Insider, TechCrunch, The Mercury News, and more.

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 AngelesSan Jose, and San Francisco. Schedule a consultation to get started.

Testimonials

Lael Abaya

Do not let Navruz's gentle demeanor fool you - she is an absolute bulldog litigator who will stop at nothing to make sure her client's interests are zealously represented. I routinely turn to Navruz for any discrimination-related issues in my work comp cases, and her command of this area of law is top notch. I have no reservations recommending Navruz as an attorney.

Ryan Shannon

My experience with Avloni Law was the best I could have asked for. Rather than speaking with a case manager, I spoke directly with attorney, Navruz, who was incredibly efficient, diligent and informative, all while maintaining empathy and kindness. After our intake phone conversation, she did not delay in sending me a checklist of documentation to assemble, and was available to answer my questions. She speedily informed me she couldn't take on the case since it involves Tribal Law, however, she didn't leave me hanging. Instead, she sent me a list of attorneys who could assist. To reiterate, while my interactions with Navruz were brief, it's obvious she's thorough and knowledgeable. I was incredibly impressed with her qualifications (including her studies in rhetoric, which I'd imagine would help persuade and build a case) and several honors and awards. I spoke to many law firms and Avloni stood out most due to Navruz's expertise and client follow-up. Don't hesitate in contacting Avloni Law.

Tessa K

Navruz was a godsend when my tech startup employer discriminated & retaliated against me. She explained the process so smoothly and was very responsive. I don't have a ton of experience working with attorneys, but she's the absolute best I've ever worked with and can't imagine meeting anyone better. Each time I would present a new situation or ask a question she was prompt to reply and offer a phone conversation to ensure I understood and could make the best decisions for my case. Although the experience with my employer was brutal, I'd love nothing more than to be able to work with her again. True blessing of a human-being. HIGHLY RECOMMEND.

Tiffany M

Working with Nav has been inspiring to say the least. As a fellow member of the San Anselmo Racial Equity Committee, she brings her knowledge as a highly skilled civil rights attorney, along with her strong commitment to addressing equity issues in our town. She is hard working, patient, understanding and always willing to listen, grow and learn. Her contributions to this committee and community have been invaluable.

Kyle Morishita

Navruz is an intelligent, dedicated, and talented attorney.

Maria Gushchina

I need an advise regarding my unemployment case. Avloni Law helped me with understanding the basics and professionally corrected the wording in my appeal statement. Everything went smooth! Highly recommend!

Alexei Kuchinsky

I have had a pleasure of knowing Navruz for quite a while. I definitely recommend her as a hardworking and highly skilled attorney in the area of employment law, especially wrongful termination and harassment. She is passionate about her cases and she cares about her clients.

Ryan Cadry

I have had the pleasure of knowing Navruz for over seven years. She is extremely diligent, smart, and knowledgeable in labor and employment law. Any client represented by Navruz is, without question, very well-represented! I endorse her without qualification!

Maria Crabtree

Navruz is a strong and knowledgeable attorney whose passion for her work is evidenced by effective results.

Valerie

Navruz Avloni has been my employment law attorney years. Her attention to detail, research and resources, and sincerity in her work are unparalleled. She has given me exceptional employment law advice on multiple occasions. I would not hesitate to recommend her to anyone looking for an excellent employment law attorney.

get in touch

Avloni Law is a boutique plaintiffs’ litigation law firm taking on the world’s largest corporations and entities and fighting for the rights of victims through employment litigation and more. We have a network of offices, including San Francisco, Los Angeles and San Jose, and our reach throughout California and the Bay Area is not limited to the cities where we maintain offices. If you are seeking a sex harassment, race discrimination, disability discrimination or a whistleblower attorney, reach out to us for a phone consultation.

    Contact Us