What You Need to Know About Accommodations for Disabled Workers in California
Workers with disabilities may require modifications to their workplace. Here’s what you need to know about Reasonable Accommodation in CA.
California requires employers with at least five employees to provide reasonable accommodations for employees with disabilities once they become aware of the affliction. One must make a reasonable accommodation with good faith, promptly, and through an interactive process between the employer and employee. Employers may violate California or federal labor and disability discrimination laws if they do not provide appropriate accommodations.
California Reasonable Accommodation Laws
The California Fair Employment and Housing Act state that employers with five or more employees must provide reasonable accommodations for individuals with physical or mental disabilities. The accommodations make the workplace accessible for employees with disabilities.
Employers have the affirmative duty to provide appropriate accommodations to employees once they learn of the disability, either through the employee’s request, observation, or someone else notifying the employer. One’s request for disability accommodations may include a notice of the disability, a description of how the disability interferes with the employee’s job functions, and a request for specific accommodations.
After an employee or applicant requests accommodations for a disability, California requires employers to begin an interactive process with good faith and on time. The interactive process is informal and refers to the communication between the employer and employee. The interactive process ensures employers make reasonable efforts to find appropriate accommodations for the employee.
The reasonable accommodations an employer provides must make appropriate adjustments so the employer can perform the position’s essential functions. An employer must make the adjustments unless the accommodation introduces an undue hardship for the employer.
An accommodation may help the employee perform an essential job function depending on:
- The employee’s job description,
- The employee’s basic job duties,
- The training materials applicable, and
- The employer’s experience with other similarly situated employees
Related: California Workplace Retaliation FAQs
What Disabilities Qualify for Reasonable Accommodations in California?
California only requires employers to comply with accommodation requests made by employers with medical conditions that legally qualify as a disability.
California law defines a disability as a condition limiting a person’s major life activities such as walking, eating, or working. The disability limits a significant life activity if the person has difficulty performing actions solely because of the condition.
Disabilities qualifying for accommodations may be mental, physical, or other medical conditions, including:
- Bipolar disorder,
- Learning disabilities,
- Chronic migraines,
- Orgain impairment, or
- Cancer.
Sex behaviors, usage of unlawful substances, or other disorders such as pyromania are not considered disabilities under California law and are not subject to reasonable accommodations.
Examples of Reasonable Accommodations
Employers may establish different accommodations for differently-abled employees to increase accessibility.
Reasonable accommodations may include:
- Changing job duties,
- Changing works schedules,
- Providing leave for medical reasons,
- Relocating the work area,
- Relaxing work restrictions,
- Modifying the job application process for applicants with disabilities, or
- Buying equipment to accommodate for a disability.
Can Employers Deny Reasonable Accommodations?
Employers may only deny reasonable accommodations in California for employees with disabilities if they would impose an undue hardship. A reasonable accommodation introduces undue hardship to the employer if the company experiences significant difficulty or expense in providing the arrangement.
To determine whether the accommodation introduces undue hardship to the employer, employment agencies may consider:
- The true cost of the accommodation,
- The size of the business,
- The business’ financial resources,
- How the business is structured, and
- The type of work of the business.
Related: California Employment Law FAQs
What if Employers Fail to Make Reasonable Accommodations?
In undue hardship cases, employers who fail to make reasonable accommodations after an employee requests the interactive process may be held liable through federal and/or California state law.
The requesting employee may file a complaint under the federal Americans with Disabilities Act (ADA) through the Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal disability discrimination laws, including failing to provide reasonable accommodations.
The employee may also file a complaint under the California Fair Employment and Housing Act (CFEHA) through the California Department of Fair Employment and Housing (CDFH). The CDFH enforces California’s disability discrimination laws and receives all complaints regarding employment discrimination. Once one makes a complaint to the EEOC or the CDFH, the agencies will conduct a formal investigation.
The agencies will determine whether a job function is essential and warrants a reasonable accommodation and whether the employer’s denial of accommodations is a form of disability discrimination by considering:
- How specialized the job function is,
- How many other employees perform the function, and
- Whether the purpose of the job is to perform the function.
One may view an adjustment to help the employee perform an essential job function based on:
- The employee’s job description,
- The employee’s basic job duties,
- The training materials applicable, and
- The employer’s experience with other similarly situated employees
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