Denial of Reasonable Accommodation

If you have a physical or mental disability, then you are entitled to reasonable accommodation under both California and Federal law.  Under Federal Law, the Americans with Disabilities Act (ADA) mandates that a covered employer provide reasonable accommodations to a person with a disability. Similarly, in California, the Fair Employment and Housing Act (FEHA) imposes similar obligations on employers.

Reasonable Accommodations Under FEHA

FEHA requires that a covered employer provide reasonable accommodations to an employee suffering from a disability provided that the employee can still perform his or her essential job functions.  Further, employers have to engage in a timely good faith interactive process once they are aware an employee is disabled to determine the reasonable accommodation for a person with a disability.

An employer must make certain changes, or reasonable accommodations, that would allow a person with a disability to perform the essential functions of the job.  This does not mean that an employer has to do whatever the person with a disability requests.  An employer does not have to provide accommodations that would cause an undue hardship on the business operations. However, an employer must provide accommodations which may include:

  • making facilities accessible to individuals with disabilities or restructuring jobs,
  • modifying work schedules,
  • buying or modifying equipment, modifying examinations and policies, or
  • other accommodations.

If you are not sure whether you may be entitled to reasonable accommodations or if your employer is not providing reasonable accommodations to you, then call The Law Offices of George Moschopoulos today for a FREE 30-minute phone consultation.  An Orange County Employment Attorney will be happy to speak with you.

Reasonable Accommodations Under ADA

Similar to FEHA, ADA also requires that covered employers provide reasonable accommodations to an employee with a disability.  This provides an extra layer of protection for a person with a disability.  Reasonable Accommodations fall under three categories under the ADA.   These are:

(i) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or

(ii) Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable an individual with a disability who is qualified to perform the essential functions of that position; or

(iii) Modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.” 29 C.F.R. § 1630.2(o)(1)(i-iii) (2011)

Call The Law Office of George Moschopoulos, APC today to speak with a qualified Orange County Employment Attorney to see how we may be able to assist you.  A 30-minute phone consultation is FREE so do not hesitate to call today.