According to the FFEHA, 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.
Reasonable accommodation in the workplace can include, but is not limited to:
An employer is not required to provide reasonable accommodation if the employer would suffer an undue hardship.
California Government Code Section 12926 (u) defines an undue hardship as, “an action requiring significant difficulty or expense.”
To determine whether an undue hardship exists the courts look at the following factors:
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.
To prove the claim of failure to accommodate a disability a plaintiff must establish the following:
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.
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:
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.
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