After getting hurt on the job, your injury can quickly start interfering with all facets of your life, from affecting your health to infringing on your livelihood. If you want to prevent your injuries from worsening, part of the remedy will involve some edits to your work life to help you continue to function at the same level and perform all your work duties. These changes are considered reasonable accommodations and are not optional benefits; they are your legal right under federal and California state laws. However, many employees often find themselves in frustrating scenarios when their employer denies or ignores the need for such adjustments. Understanding where your rights lie and the efforts you can take is pivotal to securing your accommodation request.
What is a reasonable accommodation?
“Reasonable accommodation” is really any modification or change required to your job or work environment to allow you, the employee with a disability, to go on and perform the essential functions of your current position. Accommodations can include but are not limited to items like:
- Providing additional rest breaks
- Adjusting work schedules
- Offering light-duty assignments
- Modifying workstations
- Permitting telecommuting
These accommodations are crucial for enabling injured workers to remain productive and maintain their employment and all that it entails.
Legal framework: ADA and FEHA
The Americans with disability act (ADA) and the California Fair Employment and Housing Act (FEHA) are to keep pieces of legislation that work to protect employees with disabilities. Both laws call upon employers to provide reasonable accommodations to their employees with disabilities unless doing so would produce an undue hardship on the employer. The phrase “undue hardship” refers to challenges or expenditures that are significant and impactful enough to warrant a potential denial. Factors assessed include the nature and the cost of the accommodation itself as well as the overall financial resources of the facility, as well as the type of operation of the employer.
Steps to Take Your Accommodation is Denied
Of course, getting denied your accommodation request can be upsetting and shocking, but it’s crucial to maintain your focus, never losing hope or assuming the only options left are to throw in the towel or learn to deal with the daily pain and discomfort. A proactive, prompt, and informed approach can help turn around and move the process along. Here are some key actions to consider:
Document everything: As soon as you first request accommodation, make sure, if you aren’t already, start keeping track of your records. Detailed records include every type of communication with your employer, from emails, memos, meeting notes, and any written responses from your employer.
Engage in an Interactive Process: Both the ADA and FEHA require an interactive process between the employer and the employee. The technique should involve discussing the requested accommodation and exploring alternative solutions with your employer. It should be a two-way exchange to find a workable solution for both parties.
Seek Clarification: If your boss declines your request, be sure to ask for their explanation in writing. This will give you a better idea of their viewpoint on the request, help you understand their reasoning, and determine whether the denial is justified or not. Alternatively, you may discover that the whole denial is actually based on a misunderstanding. Good communication and transparency are paramount in reasonable accommodation cases.
File a Complaint: Did you know you can file a complaint in instances where you believe your employer is not complying with the law or they are not being truthful and forthcoming? You file a complaint with the Equal Employment Opportunity Commission (EEOC) for any ADA-related issues or with the California Department of Fair Employment and Housing (DFEH) for FEHA-related issues. Both agencies have the authority to investigate complaints and can offer guidance on your circumstances and rights.
Common Reasons for Denials and How to Address Them
Employers may deny a reasonable accommodation for various reasons, but understanding these motivations and how to address them can be critical when advocating for your rights and accommodation. It can also help you navigate how to proceed depending on the reason you’ve been provided. One common reason is the claim of undue hardship discussed above. Employers might argue that by providing the accommodation, they could be severely financially affected, so much so that it could be detrimental to their business. To counter this reason, you can present evidence showing that the accommodation is, in fact, reasonable and feasible. For instance, you might provide examples of similar accommodations in other workplaces or demonstrate that the cost is minimal relative to the company’s overall budget and financial health.
Another reason for denial might be a lack of understanding. Employers might not fully comprehend the level of their legal obligations or the specifics of your request. In such cases, educating your employer about the laws and clearly explaining your needs can sometimes resolve these issues and objections. Providing detailed information and even providing resources for them to learn more can be beneficial.
Lastly, there’s often confusion between a temporary and permanent disability. Some employers might assume that the accommodations are only necessary for permanent conditions. However, even temporary disabilities greatly impacting your ability to perform essential job functions can warrant accommodations. Highlighting this point and providing supportive documentation from your healthcare provider can strengthen your case.
Is There Any Legal Recourse?
If internal and administrative efforts have failed you, it could be time to take legal action. A California employment attorney can help you translate the complexities of ADA and FEHA claims. Legal action can yield success in many forms:
- Reinstatement: If you were terminated due to the injury and lack of accommodation, a court could order your reinstatement.
- Back Pay and Benefits: You could be awarded back pay and benefits that you lost because your employer failed to acknowledge or supply the accommodation.
- Compensatory Damages: You might be eligible for compensatory damages for pain and suffering caused by discrimination.
- Punitive Damages: Instances of egregious misconduct can result in courts awarding punitive damages to punish the employer and deter future infractions.
The pain and recovery from a workplace injury are hard enough without the added anxiety of a fight over what you are rightfully owed. Knowing what constitutes a reasonable accommodation, how to request one, and how to respond if yours gets denied is vital. Each workplace injury and reasonable accommodation case will have its own circumstances and nuances. An employment law firm will alleviate much of the stress and get you through any turbulence between you and your employer. Contact an experienced California employment lawyer for a confidential and free consultation.
