Refused Reasonable Accommodation? We Can Help.
At Colby Law Firm, we believe that every person has the right to reasonable accommodation, fair employment and treatment in their workplace. If you or a loved one have experienced employment discrimination or wrongful termination based on intellectual or physical disability, or perceived disability, you should contact a disability discrimination lawyer immediately. Disability discrimination in all forms is unacceptable.
At Colby Law Firm, we have significant experience and knowledge of disability discrimination law, including the Housing Act, FEHA, and the Disabilities Act. Whether you have experienced undue hardship as a qualified employee or during your job application, you need a disability discrimination lawyer in Los Angeles you can trust. You need Colby Law Firm.
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What Is Reasonable Accommodation?
Reasonable Accommodation is any modification or adjustment to a job, the work environment, or in the way things are typically done, in order to allow an employee with a disability to work. Reasonable accomodation also applies to job applications and hiring processes. It ensures equal employment opporunity for individuals with disabilities and is protected under California law.
Whether or not an accommodation is considered “reasonable” depends on the position the employee holds and how their disability affects their ability to do the job to which they are assigned and the environment where they work. Some examples of reasonable accommodations include (but are not limited to):
- Changing job duties
- Providing leave for medical care
- Changing work schedules
- Relocating the work area
- Providing mechanical or electrical aids
If you believe that your employer did not provide reasonable accommodations, you may have a legal case against them. Contact us for a free case evaluation.
How Do I Prove Disability Discrimination?
In order to prove disability discrimination, you will need to show that you are disabled but still qualified and capable. In essence, you must show that you can perform all the duties essential to the position with or without accommodations. Disability discrimination occurs when an employer or other entity treats a qualified individual who is an employee or applicant unfavorably because they have a disability.
Proving disability discrimination also requires evidence of your disability and of the discrimination. For example, if you have a physical impairment, you can prove this with your medical records. Getting proof of the discriminatory action taken against you could come from emails, text messages, or verbal statements made. You may also be able to locate documents that show an adverse action was taken against you because of your disability.
Typically getting the necessary documentation to prove that disability discrimination occurred is best done by lawyers specializing in discrimination law, such as the attorneys at Colby Law Firm. Attempting to do this without a competent attorney could work against you. Sometimes when a person attempts to prove this type of discrimination without legal representation, their employer may not feel that the employee has the knowledge, skill, and strength to pursue the discrimination claim. They may choose not to release the documentation you are asking for. Once you have a legal expert in your corner, you’ll find that your employer is less intimidating and usually more compliant.
Please contact Colby Law Firm, a California Employment Firm that works for employees. We can provide you with a free and confidential consultation to help you determine if you have a disability discrimination case that should be pursued. If you do, we can help you pursue it.
Frequently Asked Questions
What Is a Reasonable Accommodation For Religion?
A reasonable religious accommodation is any adjustment to the work environment that will allow an employee (or applicant) to practice their religious beliefs. This applies to:
● Schedule changes and time for religious observances
● Dress and grooming practices for religious reasons
For example, an employee may ask for the day off to observe a religious holiday or request to wear a head covering such as a yarmulke or hijab.
What Is a Reasonable Accommodation For Substance Abuse?
Employees with substance abuse problems may have a right to reasonable accommodation for them to participate in an alcohol or drug rehabilitation program. In California, employers with 25 or more employers are required to make reasonable accommodations as long as it doesn’t pose an undue hardship on the business.
How Long Is the Lactation Accommodation In California?
California law requires employers to provide a lacation accommodation for as long as the employee is nursing her child. A lactation accomodation, according to federal law under the Fair Labor Standards Act (FLSA), requires covered employers to provide basic accommodations for breastfeeding mothers at work, including time to express milk and a private space that is not a bathroom where they can pump.
Is There an Accommodation For Illiteracy?
Though illiteracy is not considered a disability, employers with 25 or more employees must reasonably accommodate and assist an employee who reveals a problem of illiteracy and requests assistance. Assistance might include providing the employee with the locations of local literacy education programs or arranging for a literacy education provider to visit the workplace. If an employee needs time off from work to attend classes or seek other assistance, and that time off does not impose an undue hardship on you, strongly consider providing the employee with unpaid time off from work.