It’s illegal to discriminate against an employee based on their disability. As such you are supposed to request your employer for a reasonable accommodation. Though this is an employee’s right, you may find that most of the employers may refuse even valid requests.
If you have requested your employer to offer you a reasonable accommodation and he/she seems to be reluctant, you need to protect your rights. You may consider seeking help from disability discrimination attorneys who know what it takes to hold such an employer responsible.
Understanding A Reasonable Request For A Disability Accommodation
In California, no employer is supposed to put employees at a disadvantage because of their disability. Thus, any employer is supposed to provide assistance, change the workplace, or the position that will enable the employee to perform his/her duties at ease. This is not unless doing so would provide undue hardship to the employer. Examples of these accommodations include:
- Having additional medical leave for those who need treatment
- Job restructuring which involves reallocating the job within coworkers
- Elimination of non-essential tasks
- Establishing flexible leave policies to get rest. For instance, rests should be provided for employees who have a mental illness or other fatal diseases.
- Rearranging the working hours of such employees such as to allow them to visit their doctors as need be
- Change or purchase of equipment’s such as special software for those with visions impairment
The above are just a few of the accommodations that your employer may put in place to ensure you’re comfortable while working. However, they should only be provided if they don’t result in undue hardship to the business. According to the American and Disability Act, an employer cannot just assume that the accommodation may result in an undue hardship. He/she must prove that the exercise is too expensive if adopted in the workplace. The relevant agency then determines whether the said undue hardship is relevant by:
- Scrutinizing the nature and cost of the accommodation being offered
- The size of the company or its structure
- Whether the employer is capable of changing the structure of the business, financial difficulty is sometimes not a solution to prove that the employer may not be able to make changes for a reasonable accommodation.
The Process Of Getting Reasonable Accommodation
If you have a disability of any kind that limits you from performing your activities, you need to disclose this to your employer. Both the employer and the employee need to make the process interactive. This is to ensure you come up with an effective solution and agree on the measures to be taken to ensure a smooth workplace to cope with the disabled situation. Your employer should not ignore your request if it’s valid. It’s your right not to be discriminated against because of your disability and to get reasonable accommodation. If your employer is reluctant, you may consider getting help from an experienced discrimination lawyer to help you seek justice.