Both California and federal law require most employers to provide those with physical and/or mental disabilities “reasonable accommodation” to allow them to do the “essential functions” of their job unless it would cause “undue hardship.” The California Fair Employment and Housing Act (FEHA) requires any employer that has at least five employees to do this for new and current employees who request it, unless it would cause them undue hardship.
Examples of reasonable accommodation include a wide array of things, including:
- Adjusting an employee’s work schedule
- Allowing time off for medical care
- Moving an employee’s work area
- Providing “mechanical or electrical aids”
In California, employers are expected to initiate an “interactive process” when an applicant or employee asks for a reasonable accommodation or if they become aware that someone may need an accommodation.
According to the California Civil Rights Department (CRD), “This awareness might come through a third party, by observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation.” It’s illegal for employers to “fail to engage in a timely, good faith, interactive process…to remove barriers that keep people from performing jobs that they could do with some form of accommodation.”
Defining “undue hardship”
Both federal and California law allow exceptions if providing an accommodation would cause undue hardship for the employer. That can and should be a high bar to meet. The U.S. Equal Employment Opportunity Commission (EEOC) defines undue hardship as when an accommodation “would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.” Further, the EEOC notes that employers still have a responsibility to seek “another accommodation that will not pose such a hardship.” Many employees – particularly those who have lived with a disability for a long time – are able to help find a solution that will work for everyone.
It’s crucial for employees to know the law and their rights under it because employers are not always aware of their obligations or keen to meet them. Having experienced guidance can help employees protect and assert their rights.