California holds a strong position in defending employees against any form of disability-based discrimination. The Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) collectively protect individuals with mental or physical conditions from workplace injustices. Because California’s laws interpret discrimination broadly, employees are covered in a wide variety of scenarios.
How the Law Defines Disability Discrimination
Individuals Qualifying for Protection Under the Law
Employee Protections Against Disability Discrimination
- Refuse to hire a candidate solely on the grounds of their disability.
- Prevent a prospective employee from accessing internships, training sessions, or other professional development because of a disability.
- Withhold fair wages or equal compensation from an employee due to their disability.
- Deny promotional opportunities or career advancements to an employee because of their disability.
- Terminate or discharge an employee solely because of a disability.
Reasonable Accommodations Under California Law
Interactive Process
California law places a clear obligation on employers to address accommodation requests swiftly and effectively, ensuring workers with disabilities can perform their jobs.
When a request is made—or when an employer otherwise becomes aware of a need—the law calls for the start of an “interactive process.” This process is designed to find workable solutions that remove barriers and allow the employee to meet essential duties.
Employers must take practical steps such as analyzing core job tasks and evaluating potential accommodations that would make those tasks achievable.
Acknowledge the Request
The interactive process begins once a worker with a disability expresses the need for help. This might be detailed and official or something less formal, such as explaining difficulty with certain work assignments.
Employers are required to engage with these requests even if they lack specifics. For example, a Bakersfield employee who uses a wheelchair might ask for a larger desk, which is recognized as a reasonable accommodation.
Prompt action is necessary; waiting too long can result in legal violations. Clarification and swift implementation of adjustments are critical to compliance.
Analyze the Request
The subsequent phase involves the employer actively gathering all information needed about the employee’s disability and assessing the best method for providing the necessary accommodations. In certain straightforward cases, both the impairment and the solution are immediately identifiable.
However, when the disability or the accommodations are not so clear, the employer must diligently collect every relevant detail before making decisions.
At this juncture, the employer should concentrate on learning the full extent of the employee’s limitations and identifying which responsibilities would be improved by accommodations. Such information ensures the request is handled quickly and accurately.
When seeking the needed details, the best practice is to start with an open discussion with the employee, as they can supply vital insight into their needs. If the information remains incomplete, the employer may request medical records that directly address the condition.
It is critical that employers only seek records tied directly to the disability in question. Asking for unrelated or full medical histories risks violating ADA requirements.
Explore Options for Satisfying the Request
With a clear understanding of how an employee’s disability affects their essential duties, an employer can move on to evaluating possible accommodations that would make performing the job easier. In some instances, employees are ready to offer their own suggestions or preferences, while in others, only a small range of practical solutions might exist.
When there isn’t a clear option from the outset, the employer should continue to work closely with the employee, holding detailed discussions to explore potential solutions. Input from healthcare professionals can also be invaluable in shaping a plan that truly meets the employee’s needs. Employers should maintain an open, collaborative approach and be receptive to suggestions from all parties.
It is equally important for employers to realize that accommodations might involve notable adjustments to established methods or workflows. Regardless of the level of change required, the central objective should always be to implement the accommodation that most effectively addresses the employee’s challenges and empowers them to succeed.
Selecting the Right Accommodation
In many situations, the most suitable accommodation is apparent right away, but in other cases, multiple options may be considered before selecting the best one. While it is always important to respect and evaluate the employee’s input, the employer has the ultimate responsibility and authority to decide. Key considerations during this decision‑making process usually include the expense of implementing the accommodation as well as how much it might interfere with the normal flow of operations. Employers should also remember that accommodations are not necessarily meant to be permanent. It is common practice to test an accommodation on a temporary basis to see how well it functions in real‑world conditions.
In some cases, the accommodation that was initially chosen continues to work effectively and is therefore kept in place permanently. In other cases, after further assessment, another accommodation is selected that provides a better fit. Once a final decision is made, the agreed‑upon accommodation is carried out. This could be something relatively minor, like adjusting start and end times for shifts, or something more extensive, such as adding specialized equipment or modifying fixtures to meet the employee’s needs.
Following Up with the Employee
Once a requested accommodation has been approved and is functioning in the workplace, the employer in Bakersfield should commit to periodically evaluating the employee’s job performance. These evaluations help determine whether the accommodations continue to meet the employee’s needs or whether circumstances have changed. Alterations in the employee’s health—whether an improvement, a decline, or fluctuations—as well as modifications to job tasks or expectations, can all make an existing accommodation less suitable, requiring thoughtful revisions.
To foster a positive and cooperative work environment, it is essential that both the employer and the employee maintain honest communication. Regular check‑ins and transparent discussions ensure that adjustments are addressed without delay, benefiting both the employee’s success and the employer’s operations.
Defining Undue Hardship for Reasonable Accommodations
In some cases, employers may delay or outright deny the reasonable accommodations requested by employees with disabilities, pointing to anticipated challenges or the inconvenience of making adjustments. Nevertheless, California’s employment regulations make it clear that adhering to accommodation requirements is not a matter of choice. Even if an employer believes the process will be difficult, the law still mandates compliance. There are times, however, when an employer may defend their refusal by citing undue hardship as a reason.
Undue hardship is defined as a situation where implementing the accommodation would greatly interfere with the company’s regular operations or demand a level of financial investment that could harm the organization’s financial health. To evaluate whether an undue hardship truly exists, the law examines various factors, including the nature of the accommodation, the financial cost, the employer’s overall size and available resources, and the accommodation’s projected effect on daily business activities.
Hiring the Right Disability Discrimination Attorney in Bakersfield
When unfair treatment occurs in the workplace, having a skilled advocate is often the key to obtaining justice. The Law Office of Fahim Rahman works closely with disabled employees throughout Bakersfield, helping them fight back against job rejections, demotions, and terminations tied to their conditions. Every individual has the right to a workplace free from discrimination and to pursue legal action when those rights are violated.
Contact us today for a comprehensive consultation. Discussing how your disability may have factored into the actions taken against you could be an important step in maintaining your position and securing fair treatment.