Dealing with challenges or barriers at work because of a disability can be stressful, but California law provides strong protections to ensure employees have a fair opportunity to succeed. The Fair Employment and Housing Act (FEHA) requires employers with five or more employees to provide reasonable workplace accommodations for individuals with disabilities to enable them to perform the essential duties of their job.
This could include modifying work schedules, providing assistive technology or even allowing remote work. The goal is to help employees perform their job effectively, notwithstanding their physical or mental disability.
How to request a workplace accommodation
If you feel like your disability or a medical condition is making it hard for you to perform your job, don’t be afraid to speak up. Start by informing your employer in writing about your situation and the accommodations you need. Be clear and specific about how the adjustments you seek can help. Providing supporting evidence, such as medical records, can also strengthen your case.
California law requires an interactive process, which means your employer should engage with you in a discussion to identify reasonable solutions. Think of it as a collaborative engagement with your employer to find accommodations that work for both you and your employer. Be open to viable alternatives that would effectively address your needs and document everything you discussed.
When accommodations are denied
Not all requests are approved. Employers can deny accommodations that are unreasonable or require significant difficulty or cost (undue hardship). That said, a denial must be legitimate. It’s against the law for your employer to ignore or unfairly deny a workplace accommodation request.
Assert your rights with confidence
The law also protects you from retaliation. You should not be demoted, disciplined or fired for requesting reasonable accommodations. If you encounter resistance, retaliation or feel your accommodation requests are being mishandled, seek legal guidance to understand your options and protect your workplace rights.