How the Law Defines Disability Discrimination
Individuals Qualifying for Protection Under the Law
Employee Protections Against Disability Discrimination
- Decline to hire someone solely because they live with a disability.
- Block an applicant’s access to internships, skills training, or other developmental resources because of their condition.
- Fail to provide an employee with fair and equal pay on account of their disability.
- Prevent an employee from advancing within the company by denying promotions or other growth opportunities due to their disability.
- Dismiss an employee from their position because of a disability.
Reasonable Accommodations Under California Law
Interactive Process
Under California law, employers are expected to handle requests for workplace accommodations quickly and appropriately to support employees in fulfilling their duties.
Once a request is submitted or the employer becomes aware that accommodations may be needed, they must start an “interactive process.” This process is meant to identify and remove barriers that stand in the way of effective job performance.
Employers are required to examine job responsibilities carefully and assess how specific accommodations could address the employee’s challenges.
Acknowledge the Request
This process is triggered as soon as an employee communicates the need for accommodations. This could be through a detailed document or simply through a verbal indication of difficulty handling tasks.
Even if the request is vague, employers are expected to take action. For example, if an employee in San Bernardino using a wheelchair mentions needing more space at their desk, this counts as a reasonable request.
Employers must act quickly; hesitation or prolonged delays could be interpreted as a failure to comply with the ADA. It is best to confirm the details and proceed promptly with appropriate measures.
Analyze the Request
The following stage of the process calls for the employer to obtain all critical details concerning the worker’s disability and to determine the most practical method of delivering the accommodations requested. In some instances, both the disability and the appropriate adjustments are self‑evident.
Yet, when either the nature of the impairment or the proper accommodations are not immediately obvious, the employer must make every effort to gather all necessary information to proceed effectively.
During this phase, attention should be given to carefully understanding the employee’s specific limitations and recognizing which duties could be supported by reasonable accommodations. Having this data is essential for a timely and precise response.
To obtain the required details, the employer is encouraged to begin by speaking directly with the employee, as they are often the best source of information about their condition and needs. If the information remains insufficient, the employer may then request medical documentation directly related to the disability in question.
Employers must take care to limit such requests strictly to records relevant to the condition requiring accommodation. Seeking an employee’s entire medical file may breach ADA regulations.
Explore Options for Satisfying the Request
After compiling a full picture of the employee’s disability and its impact on their responsibilities, the employer is in a position to start exploring accommodation options. There will be times when employees themselves suggest changes that they believe will help them carry out their duties, and there will be times when only a limited set of modifications are suitable to address the issues identified.
If the most effective approach isn’t immediately clear, further collaboration is essential. The employer should continue an open conversation with the employee and, when helpful, request guidance from healthcare professionals who understand the medical aspects of the situation. This joint effort often leads to more creative and practical accommodations.
Employers must also be mindful that adopting accommodations might call for significant changes to usual practices or workflows. Nevertheless, the guiding principle throughout this process should be to select the accommodation that best responds to the employee’s unique limitations and enables them to perform their essential job functions effectively.
Selecting the Right Accommodation
There are times when the right accommodation presents itself clearly from the outset, but there are also situations where several potential solutions need to be evaluated carefully. The employee’s ideas and preferences should always be given consideration, yet the final decision lies with the employer. In reaching that decision, employers typically assess the financial cost of the proposed accommodation and examine how it might affect day‑to‑day operations or create disruptions. It is worth noting that accommodations do not always need to be set in stone. Many employers will implement a solution on a trial basis first, monitoring its effectiveness over time.
Sometimes, that initial option works perfectly and becomes a permanent part of the employee’s work environment. In other scenarios, further review leads to adopting a different accommodation that better supports both the employee and the workplace as a whole. Once a choice has been made, the accommodation is then put into action. This can be a relatively smooth process, involving something as simple as changing the employee’s shift schedule, or it might require more extensive steps, such as purchasing specialized devices or altering physical structures in the work area.
Following Up with the Employee
After implementing an accommodation, an employer in San Bernardino should not view the process as complete. Instead, they should actively and regularly review the employee’s job performance to confirm that the accommodation remains effective. Job requirements often change over time, and an employee’s condition may fluctuate, leading to scenarios where a current accommodation is no longer sufficient. In those cases, making timely modifications or exploring new solutions becomes necessary.
For the employer–employee relationship to flourish, consistent and open communication is key. By discussing progress, concerns, and potential changes together, both parties can ensure that any needed adjustments are made quickly and that the work environment continues to support the employee’s needs.
Defining Undue Hardship for Reasonable Accommodations
There are situations where employers may express reluctance or even refuse to provide reasonable accommodations to employees with disabilities, often claiming that the changes would be too complicated or inconvenient to implement. However, under California law, such obligations are not voluntary; employers are legally bound to follow through regardless of inconvenience. That said, some employers may try to justify their refusal by asserting that the accommodations would create an undue hardship for their business.
An undue hardship refers to scenarios in which the accommodation would cause significant disruption to routine operations or require financial expenditures so large that they would harm the employer’s ability to function. When reviewing claims of undue hardship, the law considers multiple factors, such as the specific type of accommodation, the associated costs, the overall size and resources of the business, and the way these accommodations would impact normal daily workflow.
Hiring the Right Disability Discrimination Attorney in San Bernardino
The legal challenges that surround workplace discrimination can feel overwhelming without proper guidance. Our team at the Law Office of Fahim Rahman proudly serves disabled workers across San Bernardino who have faced unjust treatment—whether losing a job, being denied promotions, or experiencing bias because of their condition. These employees are entitled to pursue legal support to protect their interests and recover damages where appropriate.
Reach out to our office and allow us to review your case. A conversation about your circumstances and how your disability may have influenced workplace decisions can set the path for securing your rights and stabilizing your employment.