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Employers have a legal duty to provide reasonable accommodation

On Behalf of | Aug 28, 2024 | Employment Law |

As an employer in California, federal and state laws legally obligate you to provide reasonable accommodation to employees with disabilities. It means making workplace adjustments that cater to an employee’s needs to allow them to perform their essential job duties despite their disability.

Reasonable accommodation can take various forms, depending on the nature of the job and the employee’s situation. Common examples include:

  • Modifying work schedules
  • Providing assistive devices and technology
  • Making the workplace more accessible
  • Changing job responsibilities or duties

The goal is to protect employees with disabilities from discrimination and to promote a fair and inclusive workplace based on merit rather than physical characteristics.

Understand your employer’s obligations

An employer is required to initiate an interactive process with an employee who makes a reasonable accommodation request to identify potential adjustments and determine what is reasonable under the circumstances.

Remember, it is unlawful to retaliate against an employee for requesting reasonable accommodation, like demoting or firing them. Ignoring the request can also lead to legal consequences like lawsuits and fines. Your business could also suffer reputational damage as a result.

It is worth noting that you are not required to provide reasonable accommodation if you have to endure undue hardship. For instance, the modifications needed may be too expensive to execute or disruptive to business operations. In such cases, the law does not mandate you to provide reasonable accommodation due to the significant difficulties involved.

Protect your business interests

It helps to understand your legal rights and responsibilities as an employer to shield yourself from potential legal and financial liabilities arising from discrimination claims. Reaching out for qualified guidance can help you ensure your business is legally compliant in this and other scenarios.