California law recognizes the importance of providing equal opportunities for individuals with disabilities in the workplace. The Fair Employment and Housing Act (FEHA) mandates that employers provide reasonable accommodations to employees and job applicants with disabilities, enabling them to perform their job duties and participate fully in the workplace. At KAASS Law, we are dedicated to upholding the rights of individuals with disabilities and ensuring that employers fulfill their legal obligations. The following will explore the intricacies of reasonable accommodation under FEHA and how we can help if your rights have been violated.
FEHA
The Fair Employment and House Act provides protection to employees from illegal employment practices. Employers are subject to the Fair Employment and Housing Act in case they have five or more employees. According to the Fair Employment and Housing Act, employers who have five or more employees are required to provide reasonable accommodation in California for individuals with a mental or physical disability to perform essential functions of their jobs.
Examples of Reasonable Accommodation in California
Reasonable accommodation in the workplace can include, but is not limited to:
- Making changes in a person’s work hours and schedule
- Leave of Absence
- Adapting a person’s workplace to allow for hearing, vision, or mobility restrictions
- Relocating the work area
- Purchasing new equipment which will better suit the person
- Allowing the person to park reserved parking spots
Exceptions to Providing a Reasonable Accommodation
An employer is not required to provide reasonable accommodation if the employer would suffer an undue hardship.
California Government Code Section 12926 (u) Undue Hardship
California Government Code Section 12926 (u) defines an undue hardship as, “an action requiring significant difficulty or expense.”
Factors of Undue Hardship
To determine whether an undue hardship exists the courts look at the following factors:
- The cost and the nature of the accommodation needed
- The total financial resources of the facilities involved in providing the reasonable accommodations
- The overall resources available to the employer
- The total size of the company and the number of employees
- The type and location of the covered entity’s facilities
- The type of operations of the employer entity
When the applicant or employee requests reasonable accommodations the employer is required to initiate an interactive process. Under California law, it is illegal for an employer to fail to involve in a timely and good-faith interactive process. The main aim of this process is to remove barriers that keep people with disabilities from performing jobs that they could perform with some form of accommodation.
How to Prove the Claim of Failure to Accommodate a Disability?
To prove the claim of failure to accommodate a disability a plaintiff must establish the following:
- A person has a disability recognized by the California Fair Employment and Housing Act; and
- A person is fully qualified and able to perform the essential functions of the position with a reasonable accommodation
For purposes of this claim, a person doesn’t have to establish that he/she suffered an adverse employment action as a consequence of his/her disability. According to the California FEHA, an employer’s failure to reasonably accommodate a person is a violation of the statute.
What Can a Person Recover in an Employment Discrimination Lawsuit for Failure to Provide Reasonable Accommodation?
Damages depend on the level of the discrimination and the type of harm to the employee and can include monetary damages, equitable remedies, and punitive damages
Money damages include:
- Back pay and front pay
- Higher-income from a promotion
- Pension benefits
- Bonus payments
- Emotional distress
- Pain and suffering
KAASS Law: Advocating for Your Right to Reasonable Accommodation
If you believe your employer has failed to provide reasonable accommodation or has engaged in discriminatory practices related to your disability, it’s crucial to seek legal counsel. At KAASS Law, we have extensive experience representing employees in disability discrimination and reasonable accommodation cases. We can help you:
- Understand your rights under FEHA: We’ll explain your rights and assess whether your employer has violated the law.
- Engage in the interactive process: We can assist you in effectively communicating your needs and working with your employer to identify appropriate accommodations.
- Negotiate with your employer: We can advocate on your behalf to secure the accommodations you need.
- File a complaint or lawsuit: If necessary, we can file a complaint with the DFEH or pursue legal action to protect your rights.
Employment Reasonable Accommodation Attorney
If you believe you have been denied a reasonable accommodation by your employer we invite you to contact our Los Angeles disability discrimination attorneys at (310) 943-1171 for a free consultation.
Don’t Let Your Disability Limit Your Opportunities
You have the right to a workplace that supports your abilities and provides the necessary accommodations for you to thrive. If you’re facing challenges related to reasonable accommodation, contact KAASS Law today for a free consultation. We’re here to help you navigate the complexities of FEHA and ensure that your rights and its protection.