Both California and federal law provide protection for employees with disabilities. The Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act (FEHA) requires employers to make reasonable accommodations to help employees with disabilities perform their jobs.
If you have a disability or a serious medical condition, your employer's failure to accommodate your needs could be a violation of your rights. At the Law Offices of Rheuban & Gresen, in Los Angeles, California, our employment law attorneys have extensive experience protecting the rights and interests of employees who have been subjected to disability discrimination.
Contact us by e-mail or call us at 818.815.2727 to discuss possible action against your employer for failure to accommodate your disability. We're committed to helping disabled employees protect and assert their rights in the workplace.
You May Be Legally Entitled to Accommodation for Your Disability
Some disabilities are obvious, such as physical disabilities or other handicaps. However, it is important to know that many less obvious disabilities and medical conditions also qualify for protection under the ADA and FEHA.
Under the Americans with Disabilities Act, a disabled person is defined as someone who:
- Has a physical or mental impairment that substantially limits a major life activity such as seeing, hearing, walking, breathing, working, or learning; or
- Has a record of such impairment; or
- Is regarded as having such impairment.
The FEHA uses a similar definition, with even more protection for employees. Many conditions can be considered disabilities, including diabetes, cancer, psychiatric conditions, HIV/AIDS, alcoholism, heart disease, carpal tunnel syndrome, back injuries and walking disorders, to name a few.
What Is a Reasonable Accommodation?
Different types of disabilities result in a different difficulties in the workplace. Depending on the situation, a reasonable accommodation might involve adjustments to a workstation, special protective gear or safety equipment, or a technological solution to address a hearing or vision impairment.
Other examples include changes in location of the work space, different working hours, being allowed to work at home, a leave of absence or, in some instances, a transfer to another job.
I Requested an Accommodation. Now What?
The FEHA requires employers to engage in a good faith "informal interactive process" with disabled employees. This process allows the employer to understand the accommodations that will be necessary to support the employee's ability to work. Your employer may request documentation of your disability or more information about your specific limitations. Often, securing reasonable accommodations is an ongoing process rather than a single action.
They must identify the employee's essential job duties and determine whether an accommodation impacting those duties would cause an "undue hardship." They must also work with the employee to determine the appropriate accommodation. This is far more than simply saying "no" to the accommodation requested by the employee.
Experienced Disability Discrimination Attorneys
Attorneys Steven Rheuban and Solomon Gresen have more than 40 years of combined experience working to protect employees in Southern California. They understand the processes and expectations for employers, and will fight diligently to protect workers who have been subject to unfair labor practices, such as the failure to accommodate disabilities.
If your employer fails to make reasonable accommodations for your disability or medical condition, or if is not working with you in good faith, you should speak with an experienced employment lawyer. Contact our offices today through e-mail or call us at 818.815.2727 for a free consultation regarding your potential disability discrimination claim.
