Reasonable Accommodation laws in the CA

In the Federal government, the Equal Employment Opportunities Commission (EEOC) takes care of employment-related issues, like discrimination and harassment. At a State level, the Department of Fair Employment and Housing (DFEH) in California presides overall residents and workplaces. The DFEH issued the Fair Employment and Housing Act (FEHA) that provided numerous guidelines for workers and employees alike. It comprises Government Code §§12900 – 12996.

Reasonable accommodations are changes to job duties or functions because of disabilities or other issues. According to the law, your employer must grant you reasonable accommodations as long as they fill the following criteria:

• Your employer is aware of the disability or issue
• The accommodation is reasonable and will not cost the company excessive money or will not place others in danger or prevent them from completing their duties
• The accommodation will allow you to complete your primary job functions

Reasonable accommodations can take on many forms. Some of the most common include:

• Changing job duties or functions
• Getting leave to go for medical treatment
• Alteration of work schedules
• Presence of stools and seats for sitting
• Extra break time
• Mechanical or electrical aids, like wheelchairs, walkers, and more
• Remote work
• Providing a sign language interpreter or providing Braille
• Service animals

Some of these accommodations are very easy to grant, such as extra break time. It is important that the employer prepare for the change in dynamics and efficiency, though. It is also recommended that you be aware of when you take your break times, if you have the ability to control it. It may be wiser and fairer to your employer if you take breaks when the environment is not as busy or hectic as it may be during another time.

Because of how lengthy and comprehensive the FEHA is, it has been split into numerous sections to tackle each aspect of employment, from discrimination to leave laws. For reasonable accommodations, specific language can be found in the following section.

Title 2, Government Of The State Of California; Division 3, Executive Department; Part 2.8, Department Of Fair Employment And Housing; Chapter 6, Discrimination Prohibited; Article 1, Unlawful Practices; Section 12940: “It is an unlawful employment practice…for an employer, because of the…physical disability, mental disability, medical condition…to refuse to hire or employ the person, to bar or discharge the person from employment, or to discriminate in compensation, terms, conditions, or privileges.“

We will acknowledge each section below to simplify it.

(1) This part does not prohibit an employer from refusing to hire or discharging an employee with a physical or mental disability, or subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee with a physical or mental disability, if the employee, because of a physical or mental disability, is unable to perform the employee’s essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations.

If the employer has offered reasonable accommodations to the employee but the employee still cannot complete his duties, or if his presence and accommodations are a burden on the company or a health hazard, the employer can legally fire him.

(2) This part does not prohibit an employer from refusing to hire or discharging an employee who, because of the employee’s medical condition, is unable to perform the employee’s essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations. Nothing in this part shall subject an employer to any legal liability resulting from the refusal to employ or the discharge of an employee who, because of the employee’s medical condition, is unable to perform the employee’s essential duties, or cannot perform those duties in a manner that would not endanger the employee’s health or safety or the health or safety of others even with reasonable accommodations.

The employer cannot be sued or have legal action taken against him if he refuses to employ the individual or fires him because of his inability to perform the essential duties of the job, even with the assistance of reasonable accommodations.

(n) For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.

The employer must act in a timely manner and respond quickly to the employee once he has expressed the need for reasonable accommodations. He must engage in the interactive process, which incorporates both parties determining how to move forward. Bear in mind that reasonable accommodations are not only limited to physical disabilities. Some individuals who are religious may request reasonable accommodations for prayer areas or to wear religious clothing to work despite the existence of a dress code. Points pertaining to this section can be found in (L) in the above-linked section. A fair example of a case that came about is Scotch v. The Art Institute of California, which can be summarily found here. The case essentially pertains to an employee at the Institute who was HIV positive, and his employer upon discovering that fact, reduced him to a part-time employee and committed illegal transgressions, such as wrongful termination, failure to provide a reasonable accommodation, retaliation, and more.

If your employer denied you a reasonable accommodation, you can take legal action against him. You will have to gather all of your evidence together. Such evidence can include a number of things, like documents and statements. Few employers, if any, will outright state that they are refusing to give you a reasonable accommodation for no reason. They will always try to hem and haw their way into making you believe it can’t be done, such as by staying it would be a violation of a building code or that there is not enough money in the budget to give you one. If you cannot get an outright statement, you should journal their actions and record their words as to why they cannot provide you with an accommodation. You may also be able to record these statements or copy them if they were in an email or on company letterhead. You should strive to interview other people at your job who can give you their statements and testimonies as to the incident. They may also be able to provide you with their personal experiences, which can come in handy if your employer has a history of denying reasonable accommodations. He may have fired people well before they could file a lawsuit and had not been caught for that reason. Further, you should make sure to go to Human Resources to pursue further action with respect to the reasonable accommodation. You should not immediately trust that HR will work in your favor, though. HR May have been directed to not give in to your requests. Regardless, you should hold on to any communication documents between you and HR, such as emails or messages. Your next step should be to approach the DFEH with your evidence and request a right to sue letter. You will have a good opportunity to sue if you have ample proof, and especially if you have an attorney on your side who can represent you.

According to California Law, the statute of limitations to sue for discrimination is 1 year from the receipt of the right to sue letter. It is important that you take action quickly to preserve evidence and ensure that key memories and messages are not lost or corrupted. It is important to note that if you plan on filing a lawsuit against a government entity, you only have 45 days to sue.