Workers are entitled to many protections under California and federal law. In some cases, these protections entitle a worker to reasonable accommodations. For example, someone who has certain religious beliefs may require adjustments to their work schedule or work duties to accommodate them, and so might a person who is disabled or pregnant.
If an employer is asked to make accommodations for someone who is in a protected class, the employer must do so when it is reasonable. However, they do not have to make an accommodation if doing so would create an undue hardship or an unreasonable burden.
It’s important to understand exactly what that means if you have requested an accommodation and been denied. An professional disability discrimination attorney at Yadegar, Minoofar & Soleymani, LLP can help you in these situations, so give us a call or contact us online to schedule a free consultation and learn whether your employer may have violated your rights.
Is an employer required to prove a request creates an undue hardship?
When an employee makes a request for an accommodation, and the employer refuses because doing so would create an “undue hardship,” it becomes the employer’s responsibility to demonstrate that the burden was too great.
An undue hardship is not just an inconvenience. It must be an action that requires significant difficulty or expense, in light of multiple specific factors such as the cost and type of accommodation in relation to the company’s size, resources, and structure.
Undue hardship must be determined based on the specific circumstances, as larger companies with more financial resources are generally expected to make more substantial accommodations for workers.
If an employer does argue that a particular accommodation creates an undue hardship, the company is also expected to identify another similar accommodation that would not come at such a major cost. Or, if the cost is too high, the employee may be given the chance to pay the portion of the cost that creates an undue burden.
What should you do if your employer denies your accommodation request?
If your employer denies your request for accommodations, it’s important to remain professional and take the right steps to try to protect your job, or your right to a claim for unlawful discrimination if your employer has violated the law.
Some of the key steps to take include:
- Requesting a written denial as well as a request for alternative accommodations they are willing to offer.
- See if there is an internal appeals process. Your employment handbook or HR should have information on this.
- Talk with an attorney. If your employer continues to be uncooperative and won’t find a way to work with you to accommodate your disability or religious beliefs, you need to talk with a lawyer who can help you file a complaint or a civil lawsuit.
You have a legal right to an accommodation, and your discrimination attorney can help you to explore every possible legal avenue to exercise that right.
Getting help from a California employment discrimination lawyer
Yadegar, Minoofar & Soleymani, LLP has been fighting for employees for 85+ years. We understand how upsetting it is to have a reasonable request for accommodations denied, and we are here to help when this happens.
Give our employment attorneys in Los Angeles a call at (310) 499-0140 or contact us online today to schedule your free consultation with a California employment discrimination lawyer to learn more.