The California Fair Employment and Housing Act requires employers of five or more employees to provide reasonable accommodation for individuals with a physical or mental disability to apply for jobs and to perform the essential functions of their jobs unless it would cause an undue hardship.

       Employers have another obligation, to provide reasonable accommodation. If an employee asks for reasonable accommodation with a return to work note from their doctor with limitations or modified duty, the employer must provide reasonable accommodation, per the Department of Fair Employment and Housing (DFEH).

       Even time off of work can be a form of accommodation. Sometimes transfer to a vacant position is appropriate.

       Some employers avoid this obligation to work with employees to get them back to work. This is called a failure to enter the interactive process and is a separate claim.

       Reasonable accommodation can include, but is not limited to, the following:

       The standard for accommodation is that the accommodation must be reasonable and allow the employee to perform the important tasks of the job.

       In determining whether an accommodation is reasonable many factors come into play, such as the size of the employer, or the cost of the proposed of accommodation.

       The goal of the accommodation laws is to require reasonable changes to the employee’s job or work hours so that they can work and earn money to support themselves and their families. Economic and emotional damages usually occur when these laws are violated.

       If you believe you may be disabled and have suffered this type of discrimination, contact us to discuss your rights.