Approaching your employer to request accommodation can feel daunting, but it may be necessary. Disability accommodations ensure that employees with disabilities can perform their job duties effectively and without unnecessary barriers.
Knowing how to request these accommodations is crucial for employees to thrive in their roles, but the path forward isn’t always clear. By understanding the legal background of disability accommodation and how to request it, you can confidently advocate for your needs at work.
You Have a Right to Disability Accommodation
In California, employees with disabilities have strong protections under both federal and state laws. The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) mandate that employers provide reasonable accommodation to employees with disabilities.
What Is Considered Disability Accommodation?
A disability accommodation is any modification an employer can make to accommodate an employee’s disability and allow the employee to perform essential job duties.
Reasonable accommodation can include the following:
- Modifications to work schedules
- Adjustments to workstations
- Provision of assistive devices
- Changes in job duties
Employers must engage in an interactive process with employees to determine the most appropriate accommodations, ensuring that the employee's needs are met without undue hardship to the business.
Requesting Disability Accommodation at Work
Before requesting accommodation, you should identify how your disability unnecessarily challenges you at work and how accommodation can resolve this challenge. A thorough self-assessment with advice from a physician can help you determine the accommodation you need.
Notify Your Employer
You must notify your employers that you require disability accommodation. This can be done in writing, a conversation with a supervisor, or a meeting with the HR department. While a formal written request is not always necessary, having a documented request can provide clarity and serve as a reference throughout the process.
Provide Medical Documentation
Your employer may require medical documentation to verify your disability and accommodation needs. This documentation should come from a qualified healthcare professional and outline the nature of the disability, its impact on the employee's job performance, and the recommended accommodation.
Propose Reasonable Accommodations
You should be prepared to propose reasonable accommodation directly related to your disability. The goal is to ensure you can perform your duties unimpeded but without causing undue hardship to your employer.
While employers are responsible for the cost of any accommodation, you should be prepared to address these concerns and discuss alternative solutions if necessary. Flexibility and a willingness to compromise can lead to mutually beneficial outcomes.
Document the Process
Maintaining records of all communications and steps taken during the accommodation request process is important. This documentation can include emails, meeting notes, medical documentation, and written requests. Keeping detailed records ensures transparency and provides a reference in case of disputes or misunderstandings.
What If My Employer Denies My Request for Reasonable Accommodation?
If your employer denies a request for reasonable accommodation, the first step is to understand the reason behind the decision. Employers are required to provide reasonable accommodations unless doing so would cause undue hardship, which means significant difficulty or expense. Ask for a detailed explanation of why the request was denied and consult with an employment lawyer.
An employment lawyer with experience handling disability discrimination claims can provide valuable guidance. They can assess your situation and advise you on how to reach a resolution. If your employer violated your rights, however, it may be necessary to pursue compensation. Your attorney can help you pursue your claim.
Contact Us for Legal Assistance
If your employer is reluctant to provide disability accommodation, refused a prior request, or retaliated against you for requesting accommodation, our legal team at K2 Employment Law can help. With many years of combined experience, our employment lawyers have what it takes to help people with disability discrimination claims.
Send us a message today to request a free initial consultation.