California is unwavering in its commitment to preventing disability discrimination in the workplace. Through the protections offered by the ADA and FEHA, individuals with physical or mental impairments are given robust safeguards against unequal treatment. The state’s broad interpretation of discrimination means these rights extend to many different employment scenarios.
Federal and state laws are in place to stop discrimination, and if you’ve been targeted, don’t hesitate to stand up for your rights. Our legal team will review your case and guide you toward the most effective solution.
How the Law Defines Disability Discrimination
Individuals Qualifying for Protection Under the Law
Employee Protections Against Disability Discrimination
- Refusing to hire a person because of a physical or mental disability.
- Blocking an applicant’s participation in internships, mentorships, or job training programs due to their disability.
- Withholding rightful pay or fair compensation from any employee on account of disability.
- Denying opportunities for advancement, such as promotions, because the worker has a disability.
- Terminating employment on the basis of disability.
Reasonable Accommodations Under California Law
Interactive Process
California statutes make it clear that employers must act promptly and appropriately when an employee or applicant indicates they need reasonable accommodations to perform their job effectively.
Once that need is expressed—or once the employer becomes otherwise aware of it—they must begin an “interactive process.” This legally mandated dialogue is meant to find ways to eliminate or reduce barriers that could keep the worker from meeting job requirements.
Employers must take steps such as reviewing the position’s primary duties and considering how certain accommodations might resolve the challenges faced by the worker.
Acknowledge the Request
The interactive process kicks off as soon as an employee with a disability communicates their need. This can be detailed and formal or casual and general, depending on the situation.
Employers are expected to respond even when the request lacks specifics. For example, if someone in Redwood who uses a wheelchair requests more room around their workspace, this should be treated as a valid accommodation request.
Action should be taken quickly, as waiting too long could amount to noncompliance with federal and state requirements. Clarifying unclear requests and implementing the necessary measures should follow without delay.
Analyze the Request
At this stage of the process, employers are expected to collect all relevant information about the employee’s disability and analyze how to provide the accommodations in the most suitable way. There are situations where both the disability and the corresponding accommodations are apparent without further investigation.
However, when the nature of the disability or the accommodations is uncertain, employers must take additional steps to gather the information needed to move forward properly.
This part of the process should be focused on identifying the employee’s specific challenges and determining which tasks would be improved with accommodations. Such information is essential to meet legal obligations in a timely manner.
To begin gathering these details, the employer should first have an in‑depth discussion with the employee, since they can supply key information about their condition and needs. If adequate details are still lacking, the employer may ask for medical documentation related only to the disability.
Employers must take care to request only documentation tied directly to the condition. Asking for a full medical record can breach ADA standards.
Explore Options for Satisfying the Request
After carefully reviewing all of the information collected about the employee’s disability and how it affects their ability to perform core duties, the employer can begin the process of evaluating accommodation options. There are times when the employee already has suggestions ready, and there are other times when only a limited number of adjustments are suitable for the circumstances.
If no clear option is immediately visible, collaboration becomes essential. Engaging the employee in further discussion and involving healthcare professionals, when appropriate, can lead to creative and effective solutions. Employers should remain open-minded and value input from all parties who are invested in helping the employee succeed.
Employers should also be aware that accommodating an employee may require them to rethink long-standing methods of performing tasks. Even significant changes can be worthwhile if they lead to selecting the accommodation that best meets the employee’s individual needs.
Selecting the Right Accommodation
The ideal accommodation may be clear and straightforward from the beginning, but in many cases, there are multiple possible solutions that need to be explored. While an employer should listen carefully to any ideas or suggestions the employee may have, the ultimate responsibility for the decision remains with the employer. Typically, considerations such as the financial impact of the accommodation and the degree to which it might affect regular business activities play a large role in the decision. Additionally, accommodations are not always finalized at once; many employers choose to implement an initial solution on a trial basis to evaluate its effectiveness.
If the accommodation works well, it often becomes a permanent change. If it does not achieve the desired results, the employer may consider other accommodations until the best option is identified. Once the decision is finalized, the accommodation is implemented. This might be as simple as shifting work hours to better suit the employee’s needs, or it could involve more significant efforts, like installing new tools, adjusting fixtures, or redesigning certain aspects of the workplace.
Following Up with the Employee
Once an accommodation plan is in place and active, the employer in Redwood has an ongoing responsibility to observe and evaluate the employee’s job performance. Regular evaluations help identify whether the current accommodations are still meeting their intended goals. Over time, various factors—such as shifts in job responsibilities or changes in the employee’s medical condition—can influence how well an accommodation works. If these factors arise, modifications to the original arrangement may be necessary.
To keep the working relationship strong and effective, both parties should maintain open lines of communication. Frequent, transparent discussions allow any issues to be addressed swiftly, ensuring that both the employee’s needs and the employer’s operational requirements continue to be met.
Defining Undue Hardship for Reasonable Accommodations
Occasionally, employers push back against providing reasonable accommodations for employees with disabilities, often citing the perceived difficulty or inconvenience involved in making adjustments. Despite these objections, California law clearly states that employers are required to comply with accommodation mandates. Compliance is not optional, even if the employer believes the process might be inconvenient. That said, employers sometimes claim that granting an accommodation would create an undue hardship for the organization.
Undue hardship refers to situations in which implementing the accommodation would cause significant disruption to normal business processes or demand a level of financial investment so high that it would place an unreasonable strain on the employer. When evaluating claims of undue hardship, legal authorities consider factors like the specific nature of the accommodation, the estimated costs, the company’s size and available resources, and the potential impact on everyday work activities.
Hiring the Right Disability Discrimination Attorney in Redwood
Handling workplace discrimination claims can be complex, which is why so many people seek guidance from seasoned legal professionals. If you live or work in Redwood and have experienced hiring discrimination, demotions, or terminations due to your disability, the Law Office of Fahim Rahman can provide the support you need. Disabled employees are protected under the law and deserve strong advocacy to help them recover what they are owed.
We encourage you to contact our office and talk through your experience. This initial conversation may prove essential in preserving your employment and ensuring that your rights remain protected.