According to the Americans with Disabilities Act of 1990, a reasonable accommodation is a modification to a job, work environment, or company policy/procedure that allows a qualified applicant or employee with a disability to access all the programs, activities, services, and facilities offered by an employer. Such an accommodation may take on many different forms. Follow along to find out what constitutes a reasonable accommodation and how one of the proficient California employment discrimination lawyers at Stansbury Brown Law, PC can work to ensure you are made comfortable in your workplace.
What constitutes a reasonable accommodation at work?
It is best if an employer discloses their procedures for handling reasonable accommodations within their employee handbook. Overall, such accommodations should be made accessible for all qualified applicants and employees who need them.
Firstly, a reasonable accommodation may be deemed necessary if your disability affects the quality of your application for a certain job posting. For example, an employer should provide you with a reader or interpreter for your scheduled interview if you have disclosed to them your vision, hearing, or speech disability.
Secondly, this may also apply if your disability affects the quality of your performance for certain job functions. For example, an employer should provide you with alternative training materials if you have disclosed to them your learning disability.
The last thing that may constitute a reasonable accommodation is if your disability inhibits your ability to reap the benefits and privileges of your employment. For example, an employer should approve your request to take a leave of absence if you have disclosed to them your need for intensive medical treatment for your physical disability.
What should I do if my employer refuses to accommodate me?
It is unacceptable if your employer denies your formal request for a reasonable accommodation outright. It is equally inappropriate if your employer fails to provide flexibility in their accommodation as your disability changes and demands different solutions. In either case, you may respond with any one of the below actions:
- You may formally request that your employer explain why they denied your accommodation or if they can propose an alternative solution.
- You may formally escalate your reasonable accommodation request by taking it to your company’s Human Resources department.
- You may formally file an internal complaint with your company’s Human Resources department or your union, if applicable.
- You may formally file an external complaint with the United States Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing.
You may rest easier knowing that one of the talented California employment discrimination lawyers at Stansbury Brown Law, PC can serve as the support system you need during this difficult time. So please call us at Stansbury Brown Law, PC today.
