Break Down Barriers to Workplace Access.

If you suffer from a physical or mental disability, you may encounter barriers in the workplace that prevent you from doing jobs that you could perform with some form of accommodation. The California Fair Employment and Housing Act (“FEHA”) requires employers with five or more employees to provide reasonable accommodations to employees or job applicants with disabilities. FEHA also requires employers to initiate an “interactive process” in which the employer works with the employee to identify a reasonable accommodation that would allow the employee to perform the essential functions of the job.  Refusal to provide reasonable accommodations to a disabled employee or to participate in the interactive process is a form of disability discrimination that is prohibited by California law.

Under the FEHA, the term “disability" is broadly defined as a physical or mental condition that limits a major life activity.  A reasonable accommodation is a modification or adjustment to a job, work environment, or the way that things are customarily done that enables an individual with a disability to perform the essential functions of the job position.  There are many ways an employer can accommodate an employee with a disability.  A few common examples are:

• Changing job duties;

• Allowing the employee to bring a service animal to work;

• Allowing the employee to take leave for medical care;

• Changing work schedules;

• Relocating the work area;

• Providing equipment that helps the employee perform their job duties; and

• Modifying the employee’s workspace to make it more accessible (e.g., adding a ramp, widening doorways, etc.).

It is important to note that employers are only obligated to provide reasonable accommodations. The question of whether an accommodation is reasonable turns on whether the accommodation would cause undue hardship for the employer.  This determination can vary from case to case, but some of the relevant factors considered are: 

• The cost of making the accommodation;

• The employer’s overall financial condition;

• The nature and size of the business;

• The structure of the business; and

• The type of operations performed by the workforce.

If accommodating an employee would create an undue hardship, an employer may be permitted to refuse a request for accommodation from an employee.

If your employer has denied your request for reasonable accommodations or has failed to engage in the interactive process, contact us today for a complimentary initial consultation.