Reasonable Accommodations in California

Reasonable accommodations are changes an employer must make to help employees perform their job duties despite a unique circumstance, such as a disability. The purpose of these accommodations is to ensure equal access to employment opportunities for everyone.

Under both California law and federal law, employers are required to engage in an “interactive process” with employees who request accommodations. This means they must discuss the employee’s needs and find an effective solution that allows them to work safely and productively.

An accommodation is considered “reasonable” when it does not create an undue hardship for the employer. Undue hardship means that the accommodation would be too difficult to implement based on the resources of the business.

Reasonable accommodations can take many forms depending on the situation. For example, an employee with a mobility impairment might need an ergonomic workspace. Alternatively, someone with a chronic medical condition may need a modified schedule for treatment appointments.

The overall goal is fairness. Employers must make a genuine effort to find a workable solution instead of simply refusing a request. A San Diego disability discrimination attorney can answer your questions about reasonable accommodations in California.

Examples of Reasonable Accommodations

The types of accommodations available to employees can vary widely. Nonetheless, California law gives clear examples of what might be required in the workplace. Common types of accommodations include the following:

• Modified work schedules, such as flexible start and end times, to accommodate medical appointments
• Physical adjustments to the workspace, including ramps and other special equipment
• Assistive technology, such as screen readers, for employees with visual impairments
• Job restructuring, such as reassigning nonessential tasks to another worker.
• Hybrid work options when continued physical presence in the office is not essential
• Additional breaks to manage medical conditions
• Temporary medical leave, pregnancy, and mental health treatment

Employers are not expected to provide the exact accommodation requested if another effective alternative exists. However, they cannot ignore the process unnecessarily. If the employer can offer a comparable solution that allows the employee to continue working, that usually satisfies the law.

California and Federal Legal Protections

California has some of the most comprehensive accommodation laws in the country. The California Fair Employment and Housing Act (FEHA) requires employers with five or more employees to provide reasonable accommodations for individuals with disabilities, religious beliefs, and pregnancy-related conditions.

Under FEHA, employers must also begin the interactive process as soon as an employee requests help or when it becomes clear that an accommodation may be necessary. Failing to engage in this process can itself be considered a form of discrimination.

Federal law also offers protection through the Americans with Disabilities Act (ADA). Like FEHA, the ADA requires employers with 15 or more employees to provide reasonable accommodations to qualified workers with disabilities, unless doing so would cause undue hardship.

However, California’s FEHA is generally more protective than federal law. For example, FEHA covers smaller employers and recognizes a broader range of disabilities. It also provides substantial remedies if a worker is denied an accommodation or experiences retaliation for requesting one.

Together, FEHA and the ADA make it clear that employees have the right to equal treatment and that employers must take requests for accommodations seriously.

The Interactive Process: How It Works

Once an employee requests a reasonable accommodation, the employer must engage in a good-faith, ongoing conversation to determine what will work best. This is known as the interactive process and is codified under § 11069 of the California Code of Regulations.

Broadly speaking, the process typically involves several steps:

• Acknowledging the request: The employer must confirm receipt of the accommodation request. It does not have to be in writing, but having documentation is helpful.
• Gathering information: The employer may ask for medical documentation and clarification about how the disability affects the employee’s ability to perform specific job duties.
• Identifying possible accommodations: Both parties should explore different solutions that could help the employee perform essential functions.
• Evaluating effectiveness: The employer must assess which accommodations are reasonable and do not cause undue hardship.
• Implementing and reviewing: Once an accommodation is in place, both sides should monitor how well it works and adjust as needed.

If an employer refuses to participate in this process or fails to act in good faith, it could amount to a violation of FEHA.

Reasonable Accommodations for Pregnancy and Religion

California law extends the concept of reasonable accommodations beyond disability. For example, pregnant employees are entitled to accommodations for pregnancy and related medical conditions under the FEHA and through Pregnancy Disability Leave (PDL).

Accommodations for pregnancy may include:

• Modified work duties to avoid heavy lifting
• More frequent breaks
• Temporary reassignment to a less strenuous position
• A leave of absence during recovery

Similarly, religious accommodations are protected under both state and federal law. Employers must make reasonable adjustments to allow employees to observe religious practices unless doing so causes significant difficulty. Examples include adjusting schedules for religious holidays, permitting religious dress, and allowing prayer breaks. If you are facing discrimination in San Diego during your pregnancy, consult with a pregnancy discrimination attorney.

What Happens if an Employer Denies a Reasonable Accommodation?

If an employer refuses a reasonable accommodation request or retaliates against an employee for making one, they may be breaking the law. In that case, the employee can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) at the federal level.

Employees may also pursue a civil lawsuit to recover damages. Remedies can include:

• Reinstatement to a former position
• Back pay for lost wages
• Compensation for emotional distress
• Attorney’s fees and court costs
• Punitive damages in severe cases

Employers are also prohibited from taking adverse actions, such as disciplining an employee, for requesting an accommodation. Retaliation claims can lead to separate penalties.

How an Employment Lawyer Can Help With Your Case

Navigating a reasonable accommodation issue can be stressful, especially if your employer is uncooperative or dismissive. An experienced employment lawyer can help by:

• Reviewing your situation to determine if your rights were violated
• Helping you prepare documentation to support your request
• Communicating with your employer to ensure compliance with the law
• Filing a complaint or lawsuit if necessary

A lawyer can also explain your legal options for resolving the issue, which might include multiple avenues. Having legal representation often makes employers more willing to address the problem fairly.

Contact Fairchild Employment Law To Schedule a Free Consultation

Reasonable accommodations are a vital part of ensuring workplace equality. They allow employees with unique needs the ability to continue working effectively and in a healthy manner.

If your employer refuses to provide a reasonable accommodation for you, you may have the right to take legal action. California’s employment laws protect you from discrimination and guarantee your right to fair treatment on the job.

Schedule a free consultation with Fairchild Employment Law today to learn more about your course of action. You can get in touch by calling (619) 306-1454 or by reaching out online.