How the Law Defines Disability Discrimination
Individuals Qualifying for Protection Under the Law
Employee Protections Against Disability Discrimination
- Refusing to hire an individual because of their disability.
- Preventing an applicant from accessing training, internships, or other developmental programs because of their disability.
- Withholding fair pay from any employee because of their disability.
- Blocking an employee’s chance to grow professionally by preventing them from receiving promotions or advancements due to their disability.
- Terminating an employee because of their disability.
Reasonable Accommodations Under California Law
Interactive Process
Under California law, when an employee or job applicant requests reasonable accommodations, the employer is required to respond quickly and appropriately.
Once a request is made or the employer becomes aware of the need for accommodations, the law mandates the initiation of an “interactive process.” The goal of this process is to remove any barriers that might prevent the employee from effectively performing their job responsibilities.
To facilitate this process, employers must take specific actions, including carefully reviewing the job’s requirements and evaluating the physical or mental limitations that reasonable accommodations can help alleviate.
Acknowledge the Request
The interactive process starts when an employee with a disability requests reasonable accommodations. This request can either be a formal, specific one, detailing what’s needed due to a medical condition, or it could be more informal, simply indicating that the employee is struggling with job tasks due to their condition.
Even if the request isn’t fully clear, employers should take initiative to offer accommodations that could ease the employee’s difficulties. For instance, if an employee in Sacramento using a wheelchair asks for a larger desk to accommodate their chair, this would be considered a reasonable accommodation.
Once the employer becomes aware of the request, they must act quickly, as any delays could be considered a violation of the ADA. If there’s any confusion about the request, it’s best to clarify the details and proceed with the necessary accommodations promptly.
Analyze the Request
The next phase in the process involves the employer collecting all necessary details about the employee’s disability and determining the most effective way to provide the requested accommodations. In some situations, the disability and corresponding accommodations may be immediately obvious.
However, when the disability or the appropriate accommodations are not immediately clear, it is essential for the employer to gather all the relevant information needed to proceed effectively.
At this stage, the employer should focus on understanding the nature and extent of the employee’s limitations, as well as identifying which specific tasks would benefit from accommodations. This information is key to addressing the request in a timely and accurate manner.
When collecting the required information for the accommodation request, it’s advisable to begin by discussing the matter with the employee, as they can provide essential details about their condition and the accommodations they require. If the employee is unable to provide sufficient details, the employer can request medical documentation directly related to the employee’s condition.
Employers must be mindful that only medical records related to the condition requiring accommodation can be requested. Asking for an employee’s full medical history may constitute a violation of ADA regulations.
Explore Options for Satisfying the Request
After collecting all relevant information about the employee’s disability and its impact on their job performance, the employer can begin exploring different options for providing reasonable accommodations. The employee may have some ideas for solutions, or there may be only a few options available to address the limitations in their work performance.
If the ideal solutions aren’t immediately apparent, it’s helpful to consult with the employee and their healthcare providers to determine the best course of action. It’s crucial for the employer to be receptive to suggestions from all parties involved in the employee’s success, and to invite input from different perspectives.
Employers need to recognize that accommodating an employee may require significant adjustments to the way job tasks are performed. However, the focus should always be on selecting the accommodation that most effectively addresses the employee’s unique challenges in performing their job.
Selecting the Right Accommodation
The best accommodation solution may be clear from the start, or there may be several possibilities. While it’s important to take the employee’s input into account, the employer has the final authority. Factors that typically influence the decision include the cost of the accommodation and potential disruptions to normal operations. Keep in mind that accommodations are not always meant to be permanent. Many employers trial accommodations to see how effective they are.
In some cases, the accommodation becomes permanent, while in others, a different solution is chosen as the better option.
Once a decision is made, the accommodations are put into place. This can be a straightforward process, causing minimal disruption. For example, it might involve adjusting the employee’s shift times or making more significant changes, such as installing specialized equipment or altering existing fixtures.
Following Up with the Employee
Once the accommodation request has been resolved and implemented, it is vital for the employer in San Valley to regularly evaluate the employee’s job performance. This allows the employer to determine whether the accommodations are still effective and whether the employee’s situation or challenges have changed. It’s possible that a current accommodation could become outdated if the job requirements change, or if the employee’s condition fluctuates, either improving or worsening. In such cases, adjustments to the accommodations may be necessary.
For the working relationship to thrive, it is important that the employer and employee maintain open and honest communication. This ensures mutual satisfaction and makes certain that any adjustments needed are addressed promptly.
Defining Undue Hardship for Reasonable Accommodations
Employers may sometimes hesitate or outright reject the provision of reasonable accommodations for disabled employees, citing the perceived challenges or inconvenience involved in complying with the law. However, under California employment law, compliance is not optional, regardless of any perceived inconvenience. Employers may argue that providing these accommodations would impose an undue hardship on their business.
Undue hardship refers to situations where offering reasonable accommodations would significantly disrupt the regular operations of the business or require a financial investment substantial enough to negatively affect the employer.
When faced with potential undue hardship, the law evaluates several factors. These include the specific nature of the accommodation, its costs, the size of the business, and the overall impact on the company’s daily operations.
Hiring the Right Disability Discrimination Attorney in Sacramento
In Sacramento, employers dealing with disability discrimination often rely on experienced professionals to manage legal challenges. If you’re a disabled employee who has faced job rejections or terminations because of your disability, consider reaching out to the Law Office of Fahim Rahman. Disabled employees are entitled to quality legal support to protect their rights and seek the compensation they deserve.
Don’t hesitate to contact us today to discuss how your disability may have led to discrimination at work. This conversation could be key to ensuring the continuation of your employment.