Californians with any type of disability, whether permanent or temporary, who may require adjustments to their workspace or schedule, should know that under both federal and state law, employers are required to provide “reasonable accommodations.” This could involve anything from a phone that can be used by a hearing-impaired person to a desk that will accommodate a wheelchair to an altered schedule that will let them go to regularly scheduled medical appointments – to name just a few examples.
A requested accommodation is considered “reasonable” under the law if it doesn’t cause “undue hardship” to the employer. That’s defined as causing significant difficulty and/or expense.
Defining “undue hardship”
It’s the definition of “undue hardship” more than “reasonable accommodation” that causes conflict between employers and employees (or potential employees). According to the federal Equal Employment Opportunity Commission (EEOC), when determining whether a requested accommodation presents a legitimate undue hardship, the following need to be considered:
- The cost to the employer
- The financial resources and size of the employer
- How the accommodation would impact operations
- Whether and how much the accommodation would affect other employees’ safety or ability to do their jobs
California employers can’t just claim that a requested accommodation would cause undue hardship without further explanation. They are expected to work with those who are seeking an accommodation to find a way to provide it that doesn’t cause undue hardship. It’s also important to know that employers can’t legally discriminate or retaliate against an employee for requesting an accommodation.
These matters are best resolved when employers and employees can work together to reach a solution that works for everyone. An employee may know from past experience how best to make it work. That doesn’t mean they can be required to pay for their own accommodation, however.
If a California employee believes that they were wrongly denied a reasonable accommodation or penalized for requesting one, it may be time to get experienced legal guidance to protect their rights.