Employees with disabilities in California have the right to reasonable accommodations that allow them to perform their jobs effectively. However, knowing how to properly request accommodations is essential to a potential claim if your employer wrongfully denies, delays, or ignores your bid. Need an employment attorney? Reach out to our experienced Los Angeles disability discrimination lawyer for a free consultation today.
Steps to Request a Disability Accommodation
Employees seeking accommodations should follow these steps to protect their rights and ensure a clear record of the request:
- Review Medical Needs
Employees should first consult with their healthcare provider to determine what type of accommodation will best address their disability-related limitations. A doctor’s note or medical documentation helps support the request.
- Notify the Employer in Writing
While verbal requests are valid, a written request provides proof of communication. The request should:
- State that the employee has a disability covered by ADA or FEHA
- Identify workplace limitations caused by the disability
- Suggest accommodations that would help address those limitations
- Engage in the Interactive Process
Employers are legally required to engage in a good-faith dialogue with the employee known as an interactive process. This may involve discussing possible accommodations, reviewing medical documentation, and considering alternative solutions.
- Cooperate in Implementing Accommodations
Try to remain flexible and work with your employer to identify effective accommodations. Employers are not required to grant the exact request but must provide an accommodation that allows you to perform essential job duties.
- Keep Records
Save copies of requests, emails, medical notes, and employer responses. Documentation is critical if disputes arise later.
What are Reasonable Accommodations?
A reasonable accommodation is any modification or adjustment that enables an employee with a disability to perform essential job duties. Employers must provide accommodations unless doing so causes undue hardship. Common examples of workplace accommodations include:
- Modified work schedules
- Remote work options
- Assistive technology or equipment
- Reassignment to an available position
- Accessible workspaces
- Modified job duties that do not remove essential functions
These adjustments are designed to create equal opportunities for employees with disabilities without lowering workplace standards.
Legal Protections for Employees with Disabilities
California employees are protected by both federal and state laws:
- Americans with Disabilities Act (ADA): Prohibits discrimination and requires employers with 15 or more employees to provide reasonable accommodations.
- California Fair Employment and Housing Act (FEHA): Extends protections to employees at smaller workplaces, covering employers with five or more employees. FEHA also provides broader definitions of disability than federal law, offering more inclusive coverage.
Common Employer Violations
Despite clear legal protections, some employers fail to comply with the law. Common violations include:
- Ignoring or delaying accommodation requests
- Refusing to provide accommodations without showing undue hardship
- Retaliating against employees who request accommodations
- Forcing employees to take leave instead of offering workplace adjustments
- Terminating employees after they request accommodations
These actions may constitute disability discrimination under state or federal law.
How a Lawyer Can Help
Requesting accommodations should be straightforward, but disputes often arise when employers resist compliance. A Los Angeles disability discrimination attorney can:
- Review the request and ensure it is properly documented
- Communicate with the employer to enforce legal rights
- File complaints with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC)
- Pursue compensation for lost wages, emotional distress, and attorney’s fees if the employer violates the law
- Protect employees from retaliation or wrongful termination
Legal representation helps employees secure accommodations quickly and ensures that employers remain accountable.
Contact Us
Contact our employment attorneys near you today for a confidential consultation by calling (310) 499-0140 or messaging us online. Our team is ready to protect your rights, fight for fair treatment, and help you move forward with confidence.