Employment discrimination is considered illegal under state and federal law. Every employee has the right to an adaptation process that will not cause undue hardship for the operation of the company.
In the case of disabled employees, this becomes even more pronounced, as the law provides that any disabled employee who is denied a reasonable accommodation because of their disability may be entitled to take legal action against their employer. Failure to comply with this law is known as “failure to accommodate,” and the employee may be prosecuted through an employment law lawsuit.
Employers have a legal duty to initiate an “interactive process” when an applicant or employee requests reasonable accommodations. The employee must also seek and offer appropriate accommodations when he becomes aware of the situation of one of his employees. This awareness can occur through a third party, by observation, or because the worker continues to need reasonable accommodations once he has exhausted his permits and rest days. This process requires an individualized evaluation of both the job and the person’s specific physical or mental limitations.
The California Fair Employment and Housing Act requires employers of five or more employees to make reasonable accommodations so that individuals with a physical or mental disability can apply for jobs and perform the essential functions of those jobs, unless this would cause undue hardship for the applicant in question. Reasonable accommodations can include the following:
- Change job duties
- Provide permission to receive medical care
- Change work schedules
- Relocate work area
- Provide mechanical or electrical aids
Also, it is important to note that employees with disabilities may have other rights to unpaid leave under the federal Family and Medical Leave Act or the California Family Rights Act.