A Guide To Workplace Disability Accommodations In California
People with disabilities work in various jobs. Like everyone else, they prefer work that they are naturally suited to and good at. However, some disabilities limit a person's ability to perform a specific job. Still, most concerns may be resolved by a responsible manager working with the employee.
In this post, we'll talk about workplace accommodations for disabled employees. It is an employer's legal responsibility to provide reasonable accommodations for its employees.
Employers should consider taking reasonable steps to ensure that the job is a good fit for the employee and, if necessary, provide assistance. However, they should first speak openly and honestly with their employee (or prospective employee) to determine how to best match the person's strengths to the work in order to maximize productivity and job happiness.
What Is Considered A Disability Accommodation In Newport Beach?
The word "reasonable accommodation" refers to the process of building an environment that ensures equal access to:
Religious or ethical values of an employee's specific practices
The employee's family obligations
The employee's needs (in the context of their disability)
Refusal to accommodate a disabled employee can be considered disability discrimination in California. As long as the accommodation is considered reasonable, the employer should be able to provide it to their employees.
If you were denied any of these accommodations, you should consider consulting with a prescreened Newport Beach Employment Law Attorney in California.
Reasonable accommodations can include:
Making alterations or modifications to the job description, which will allow disabled employees to stand on equal footing with their coworkers.
For example, disabled employees may be allowed different work hours or allowed to work from home.
Physical measures, such as improving access to a building.
Delegating some responsibilities to another employee who does not require adjustments (given that it would cause an employer's operations to be disrupted unduly)
Ensuring that the job or workplace is more suitable for the disabled employee.
Allowing the employee to take a medical leave for when they are temporarily unable to work because of flare-ups and other disability-related issues.
Employers should see this as a benefit of hiring someone with a disability: any changes that are needed are usually minor or free, and there may be support or money available.
That said, if your employer refuses to provide what is an otherwise reasonable accommodation, you should contact a Newport Beach Employment Law Attorney to help you assert your employment rights.
How Do We Define "Reasonable Accommodations" In California?
As briefly mentioned in the previous section, employers aren't expected to provide accommodations that cause them undue difficulties or disruptions.
However, this doesn't mean you can't request accommodations at all. You need to negotiate.
When determining what is considered "reasonable," the following factors are considered:
The efficiency of the accommodation in assisting the disabled employee in performing their job
Whether it is feasible to put the accommodations in place
The accommodation's financial or non-financial costs
The scope of the company's resources, including its financial resources
How much, if any, the disruption will be caused to the company or other people
Whether you may get assistance with the cost of the housing, such as a modification grant
The size and nature of the company
Refusal to negotiate with the employee can also mean refusal to accommodate. Consult a Newport Beach Employment Lawyer to look at your unique case.
Pregnancy Is Also Considered A Temporary Disability
A pregnant employee is going to experience some physical difficulties while they're expecting. This means that they'll need accommodations to help put them on equal footing with their coworkers.
Refusal to accommodate these employees might also qualify as pregnancy discrimination in California, and can be grounds for filing employment claims against the employer.
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