Reasonable Accommodations
The California
Fair Employment and Housing Act requires employers to
provide reasonable accommodations to disabled employees and applicants for
employment to enable them to perform the essential functions of their
positions. If the employer knows its employee has a disability, it is required
to provide the accommodation even if the employee does not request it.
Reasonable accommodations can include making
facilities accessible to and usable by disabled individuals, job restructuring,
offering part time or modified work schedules, reassigning to a vacant
position, acquiring or modifying equipment or devices, adjusting or modifying
examinations, training materials or policies, providing qualified readers or
interpreters, reassignment to a vacant position, paid or unpaid leave of
absences, alcohol or drug rehabilitation programs, and other similar
accommodations. Courts in California look to cases decided under the federal
Americans With
Disabilities Act and the
Rehabilitation Act to to determine whether other
accommodations may be reasonable.
The
California Supreme
Court has determined that employers may decline employment to applicants
who use marijuana for medical purposes (see
Compassionate Use Act of
1996).
If an employee seeks an accommodation from his
employer, they must engage in a timely, good-faith "interactive process" to
select an appropriate accommodation. The employer has the ultimate discretion
to choose between effective accommodations, and may choose the less expensive
accommodation or the one which is easier for it to provide.
An employer may defend against a "failure to
accommodate" claim with proof that the accommodation is an undue hardship on
the employer, the accommodation sought is unreasonable.
For a free consultation about disability
discrimination at work with an experienced employee rights attorney, contact
David Spivak:
The Spivak Law Firm is a full service employee rights
law firm. David Spivak and his team are proud to represent aggrieved employees
like you in the following matters:
For further information on your rights in the work
place, please visit our other websites:
