If you have a physical or mental disability, California law entitles you to reasonable accommodations in the workplace. But all too often, employees’ requests for accommodations fall on deaf ears.
Employers frequently deny accommodations without engaging in good-faith discussions or fully exploring options. They overlook cheap, reasonable changes that would allow an exemplary worker to perform essential duties.
Don’t let an arbitrary denial derail your career. With an experienced California reasonable accommodation attorney on your side, you can exercise your rights under state and federal disability laws. At TONG LAW, we partner with employees through the accommodation request process and help people like you receive compensation and justice.
What Constitutes a Reasonable Accommodation?
At its core, a reasonable accommodation involves modifying some aspect of the work environment or policies so employees with disabilities can fulfill essential job functions.
Commonly requested accommodations include:
- Adjusted work schedules or telecommuting options
- Providing assistive equipment like screen readers
- Modifying training protocols or implementing mentoring/coaching
- Relocating to an accessible workstation
- Adjusting supervisory methods for neurodiverse workers
- Additional medical leave or intermittent absence allowance
- Reassignment to an open equivalent position
To comply with the law, employers must provide accommodations unless doing so imposes an “undue hardship” on their operations or finances.
Navigating the Reasonable Accommodation Request Process
Typically, the employee themselves initiates accommodation requests by notifying their employer. This kicks off a process where both sides collaborate to identify arrangements allowing you to perform essential duties.
You must first describe your needs and request accommodations either verbally or in writing (writing is better for documentation). However, there is no “magic word” that you must utter. The law requires that your employer must engage in a timely, good-faith interactive process upon learning that you might need accommodations.
Unfortunately, many employers lack proper reasonable accommodation procedures. They ignore requests, fail to explore options in good faith, or arbitrarily deny accommodations with no legally valid justification. Disability discrimination attorneys can guide you through this process and challenge improper denials.
Legal Protections Against Denial of Reasonable Accommodations
Federal and California disability law prohibits denying reasonable accommodations to qualified individuals with disabilities.
Remedies available when employers violate your rights include:
- Reinstatement to your prior position
- Back pay and benefits to compensate for lost income
- Out-of-pocket damages like medical expenses
- Emotional distress damages
- Punitive damages for egregious violations
- Attorney fees
If your request faces unlawful rejection, a reasonable accommodation lawyer can help you pursue compensation and policy changes by negotiating with your employer or filing a discrimination lawsuit. Don’t tolerate violations of your protected rights.
Partner With Our Reasonable Accommodation Attorneys
If your requests face unjustified denial, our attorneys can help you right the ship. We partner with you, not big business. And we stand ready to fight for your rights under California and federal disability law. Don’t let an unlawful denial derail your career.
Trying to enforce your legal rights alone rarely succeeds. Employers frequently take advantage of employees’ lack of legal knowledge. With an experienced disability lawyer’s counsel, you can evaluate whether your employer’s reasoning meets the undue hardship standard.
Our attorneys can also effectively represent you in court if necessary. We tailor our approach to your specific limitations and needs while advancing your legal protections to the fullest. Contact our reasonable accommodation law firm to schedule a consultation.
Assert Your Rights With TONG LAW’s Disability Attorneys
Fighting for your reasonable accommodation rights can feel daunting, but you don’t have to do it alone. The dedicated legal professionals at TONG LAW get results. We know California disability law inside and out, so we can quickly recognize unlawful denials and pretext.
Our reasonable accommodation attorneys will stand up to employers on your behalf and take legal action if required. Don’t let a wrongful denial threaten your livelihood. Partner with us to negotiate accommodations that meet your needs.
Contact TONG LAW today for a consultation with lawyers who believe in empowering employees like you.
