Reasonable Accommodation Discrimination Attorney in Anaheim & Orange County, CA
A Roadmap and Top 5 Reasons Employers Get it Wrong
Why do I need to hire an attorney when dealing with Reasonable Accommodation in Anaheim & Orange County, CA?
The laws surrounding reasonable accommodation are complex and constantly changing both at the federal and state levels. Being able to navigate through this can be extremely burdensome on an employee. If you’re suffering from a disability your focus should be getting better and not negotiating against your employer who is likely to have far more resources than you do. By hiring an experienced Orange County Reasonable Accommodation Attorney you’re giving yourself a fair shot at being treated fairly and obtaining a favorable award if the situation calls for it.
What is Reasonable Accommodation under California Law?
In short companies who employ five or more must accommodate employees suffering from a disability. If you are suffering from a disability which affects your work California laws affords many options for you.
The term ‘reasonable’ is important directly affects what the employee and employer are expected to do.
The term “reasonable accommodation” within the meaning of the FEHA is to be interpreted flexibly; “the law and the regulations clearly contemplate not only that employers remove obstacles that are in the way of the progress of the disabled, but that they actively restructure their way of doing business in order to accommodate the needs of their disabled employees.”
To better understand what common disabilities require an accommodation, please visit our page here.
When does an Employer Become Obligated to Offer Reasonable Accommodation in Anaheim & Orange County, CA?
An employer or other covered entity has an affirmative duty to make reasonable accommodation(s) for the disability of any individual applicant or employee if the employer or other covered entity knows of the disability, unless the employer or other covered entity can demonstrate, after engaging in the interactive process, that the accommodation would impose an undue hardship. 2 CCR § 11068(a).
This affirmative duty means that if your employer knows you are suffering from a disability – or has reason to believe you are suffering from a disability – they have a duty to explore accommodations with you. This process is often referred to as the Interactive Process – this must be conducted in good faith and typically involves detailed exchange between the employee and his or her employer. You can learn more about this process here.
Top Five Examples of Reasonable Accommodation
1) Giving the Employee Time to Get Better
Allowing the employee to stay at home, and NOT terminate their employment is a form of accommodation that must be explored.
Holding a job open for a disabled employee who needs time to recuperate or heal is, in itself, a form of “reasonable accommodation,” and may be all that is required where it appears likely that the employee will be able to return to an existing position at some time in the foreseeable future. (Jensen v. Wells Fargo Bank (2000) 85 Cal.App.4th 245, 263).
2) Relocating the Work Area / Providing a Reassignment to a Vacant Position
3) Providing a Part-time or Modified Work Schedule at the Current Worksite
- Changing work schedules may be a way to ensure your work is still getting done while respecting your doctors orders. Examples of this can be changing your start and end time, or the days in a week that you are scheduled.
4) Changing Job Duties
5) Providing Mechanical or electrical aids
- If the difference between doing your job and not is an extra tool, part, or aid, this may be something your employer is required to give you while under work restrictions.
Top Five Mistakes Employers Make with Disabled Employees
1) Employers forget to give special treatment to Disabled Employees
What is Preferential Treatment?
The FEHA entitles the disabled employee to “preferential consideration” in reassignment to another position. Jensen v. Wells Fargo Bank, supra, 85 Cal. App. 4th at 265, 102 Cal. Rptr. 2d at 69 (2000).
2) Employers Tell their Employees to Not Return Until they are 100%
Often times we hear from our clients tell us “well, my boss said not show up to work unless I have zero work restrictions” That simply is not how it works. Employers are obligated to work what whatever restrictions you have and must explore the possibility of accommodating you.
3) Retaliate Against Disabled Employees
Employers are prohibited from taking any adverse employment actions against an employee because of their disability, or related request for accommodation. These actions can include demotion, harassment, and termination. If you feel an employer has treated you differently because of your disability its employment you speak with one of our Anaheim Reasonable Accommodation Lawyer to assist you.
4) Communicate Incorrect and Illegal deadlines
Employees are not required to know the law and often times trust their employer to inform them of their rights. Unfortunately employers may blur the lines or communicate false information to avoid their legal obligations. It’s important that if you’re dealing with a disability that has affected your work that you contact an employment attorney to ensure everyone is following the rules.
5) Terminate an Employment while on Medical Leave
Under various State and Federal laws employees are protected from being terminated while on medical leave. In order to determine if a termination supports a claim for disability discrimination, you’ll need to consult with an employment attorney to assess all circumstances surrounding the termination and the reasons your employer has claimed.
What type of compensation can I get if I was not accommodated?
At Eldessouky Law we have successfully helped hundreds of employees when it comes to suffering disability discrimination. Each case presents its unique challenges and goals, we encourage you to call for a free consultation to see how can assist you.
Our Anaheim Reasonable Accommodation attorneys have successfully collected millions in compensation, which consisted of of lost wages, future wages, benefits, and emotional distress damages.