How the Law Defines Disability Discrimination
Individuals Qualifying for Protection Under the Law
Employee Protections Against Disability Discrimination
- Refuse to hire an individual based on their disability.
- Stop a potential employee from enrolling in essential training, internships, or preparatory courses because of their disability.
- Deny fair pay to an employee because of their disability.
- Hinder an employee’s career growth, preventing them from advancing or getting promotions because of their disability.
- Dismiss an employee due to their disability.
Reasonable Accommodations Under California Law
Interactive Process
California law mandates that when an employee or job applicant requests reasonable accommodations, employers must respond promptly and appropriately.
As soon as a request is made or the employer learns of the need for accommodation, they must begin an “interactive process.” This process is intended to identify and remove any obstacles that could impact the employee’s ability to perform their job duties.
To properly carry out the interactive process, employers must follow specific steps. This includes analyzing the job’s requirements and assessing the physical or mental limitations that accommodations could help address.
Acknowledge the Request
The interactive process begins when an employee with a disability directly requests reasonable accommodations. These requests can either be formal and specific, detailing the accommodations needed due to a medical condition, or informal, simply indicating that the employee is facing challenges due to their medical issue.
Even if the request is not explicit, employers should take a proactive approach to provide accommodations that ease the employee’s difficulties. For example, if an employee in Fresno using a wheelchair requests a larger desk because the current one is not suitable for their needs, this is seen as a reasonable accommodation.
Once the employer becomes aware of the request, it’s essential to respond without delay, as failing to do so may result in an ADA violation. If the request is unclear or uncertain, it’s best to seek clarification and take prompt action to address the issue.
Analyze the Request
The next step in the process is for the employer to collect all relevant information regarding the employee’s disability and the most appropriate way to provide accommodations. In some cases, the nature of the disability and the accommodations needed will be immediately clear.
However, if the nature of the disability or the necessary accommodations is not clear, it’s important for the employer to gather all pertinent information to ensure the request is addressed properly.
At this point, the employer needs to assess the limitations or restrictions the employee faces in performing their job and determine which specific tasks would benefit from reasonable accommodations. Collecting this information early ensures a timely and appropriate response to the request.
The first step in gathering the information for an accommodation request is to speak directly with the employee, who can provide the details about their disability and the accommodations needed. If the employee cannot provide sufficient information, the employer may request medical documentation specific to the condition.
It’s crucial that the employer only requests medical records related to the specific condition that requires accommodation. Asking for a full medical history could potentially violate ADA rules.
Explore Options for Satisfying the Request
Once all the necessary details regarding the employee’s disability and its effect on job performance are gathered, the employer can begin evaluating possible accommodations. The employee may propose some solutions, or there may only be a couple of clear options for addressing the limitations in their job performance.
In cases where solutions are not immediately clear, working closely with the employee and their medical professionals can help identify a suitable resolution. Listening to all stakeholders, including those directly involved in the employee’s success, is essential, and employers should encourage a collaborative approach.
Employers must understand that providing a reasonable accommodation may involve significant changes to how job tasks are carried out. While these accommodations are important, the key priority should always be finding the most effective way to address the employee’s specific challenges.
Selecting the Right Accommodation
The best solution for reasonable accommodations might be clear right away, or there may be several possible options. While it’s essential to consider and encourage the employee’s perspective, the employer ultimately has the final say. Common factors that influence the decision include the cost of the accommodation and any potential disruptions to the workplace. It’s also important to remember that accommodations aren’t always permanent. Many employers choose to implement them on a trial basis to evaluate how well they work.
In some cases, the accommodation becomes a permanent change, while in others, a different solution proves to be more effective.
Once a decision is made, the accommodations are implemented. This process can often be straightforward with minimal workplace disruption, such as adjusting the employee’s shift times. More complex accommodations might involve installing specialized equipment or making adjustments to existing fixtures.
Following Up with the Employee
Once the request has been resolved and suitable accommodations are in place, it’s essential for the employer in San Valley to keep a close eye on the employee’s job performance. Regular check-ins allow the employer to verify that the accommodations are helping as intended and that the employee’s needs or any challenges haven’t changed over time. There’s always a chance that what works today may not work in the future. As job requirements evolve, or if the employee’s condition improves or worsens, the accommodations may need to be updated.
The key to a successful working relationship is keeping the lines of communication open between the employer and the employee. By doing so, both can feel heard, valued, and confident that the accommodations are in the best interest of all involved.
Defining Undue Hardship for Reasonable Accommodations
Some employers may be reluctant or even refuse to provide reasonable accommodations to disabled employees, fearing the difficulty or disruption it may cause under the law. Despite these concerns, California employment law mandates compliance, regardless of any inconvenience. Employers might claim that making such accommodations would create an undue hardship for their business.
Undue hardship occurs when the implementation of reasonable accommodations would cause substantial disruption to the business or require a significant financial commitment that would adversely affect the company’s operations.
In cases where reasonable accommodations could result in undue hardship, the law considers various factors. These include the specific accommodation requested, the associated costs, the size of the business, and the potential impact on the regular functioning of the business.
Hiring the Right Disability Discrimination Attorney in Fresno
Employers in Fresno facing disability discrimination issues often seek guidance from seasoned professionals to navigate complex legal situations. If you are a disabled employee who has been unfairly rejected or dismissed due to your disability, it’s important to get in touch with the Law Office of Fahim Rahman. Disabled employees deserve competent legal support to safeguard their rights and pursue fair compensation.
Reach out to us today to discuss how your disability may have made you a target for discrimination at work. This conversation could play a significant role in securing your ongoing employment.