When you are disabled, you have certain rights under both California and federal law. One of those rights is the right to reasonable accommodations that allow you to work a job you are otherwise qualified for, despite your disability.
There are many different types of reasonable accommodations that an employer could make to allow you to do your job. And, increasingly, remote work is one of those accommodations.
Remote work is a legally recognized accommodation under California’s Fair Employment and Housing Act (FEHA). However, this does not mean that you are guaranteed to be allowed to work remotely in every situation.
Yadegar, Minoofar & Soleymani, LLP can help you if you believe you should be allowed to work remotely to accommodate your disability and you have been denied. You should reach out to our L.A. disability discrimination attorneys for a free consultation in this situation. You can also read on to learn about the rules for remote work as a reasonable accommodation.
What does the law say about remote work as a reasonable accommodation?
Employers must evaluate whether remote work can be considered a reasonable accommodation for your disability. This involves considering factors like:
- Whether you can work remotely and still perform your core duties
- Whether you have proven you can effectively work remotely in this role in the past
- Whether allowing you to work remotely creates an undue burden on the company
- Whether other employees in similar positions work remotely
- What other accommodations could be made that would allow you to perform the job duties without remote work
Because California laws provide broader disability protections than federal laws, employers must carefully evaluate whether your physical presence in the workplace is an “essential function” of the job you are hoping to perform. If it is not, then remote work would potentially be viewed as a reasonable accommodation.
What if your employer denied your remote work request?
Employers in California must engage in a good-faith interactive process to determine reasonable accommodations for your disability. Under this process, a denial of your request to do remote work would be seen as legally valid only if:
- It caused the company an undue hardship
- The essential core functions of your job must be done in person
If you don’t believe the denial was legitimate because one of these two circumstances do not apply, then you should escalate the situation.
This could include requesting the disability accommodation directly from HR, filing a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission, and consulting an attorney.
Getting help from a California employment law attorney
An employment attorney in LA County at Yadegar, Minoofar & Soleymani, LLP can help you to understand your legal right to disability accommodations, including whether remote work is an accommodation that your employer should have to make.
Our legal team will also work with you to take appropriate legal action if your employer violates any California or federal antidiscrimination laws protecting you because of your disability status. To find out more about the assistance we can offer, call today to schedule a free consultation with our legal team.