Failure to Accommodate For Disabled Employees
Employers cannot discriminate in hiring or in the workplace on the basis of illness, injury, or a physical or mental disability. Furthermore, employers are required under state and federal laws to make reasonable accommodations of a person’s disability. Unfortunately, many employers refuse to make practical allowances or provide the tools that will enable disabled employees to function and thrive in their jobs.
If your employer’s failure to accommodate a disability has made it difficult or impossible to continue working, talk to an employment discrimination lawyer of The Armstrong Law Firm. Call toll free at 415-692-0462 or e-mail us today.
What Qualifies As Failure to Accommodate?
The federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) protect disabled employees from discrimination. This includes a requirement to make reasonable accommodations of an employee’s physical or mental disability. The accommodation can take many forms such as:
- Special equipment or workstation modifications
- Handicap accessibility
- Flexible work hours or periodic breaks
- Modified duties or transfer to a different job
- Medical appointments during work hours
- A job-protected leave of absence
You have the right under the law to make these requests so that you can continue to work and be productive in your job without unnecessary pain or hardship. Your employer has an obligation to honor reasonable requests for accommodation. You cannot be denied employment on the basis of disability, and you cannot be demoted, harassed or fired for suffering an injury or developing a disabling condition. An employer cannot simply refuse the accommodation and issue an ultimatum about your continued employment. Under FEHA, California employers must engage in an interactive process to find a reasonable and practical solution.
Contact Our Disability Discrimination Lawyers Today!
The experienced employee rights attorneys of The Armstrong Law Firm have taken employers to court for failure to accommodate the disabled in San Francisco, Oakland and Marin County. We will stand up for you to compel the company to make the accommodations or pay damages.